R DURAISWAMY IYER Vs. CSBALASUNDARAM IYER

JUDGEMENT

(1.) THE District Munsif has not decided whether "summons was not duly served" as he was bound to do under Art. 164 of the Indian Limitation Act. A mere assertion of his ignorance of the decree by the petitioner and acceptance of that by the Court will not give the Court jurisdiction to set aside the ex parte decree. It has to decide also whether the summons was not duly served. This order was, therefore, made without jurisdiction and is hereby set aside and the case sent back for fresh decision.

(2.) COSTS upto date will abide the result. Refund of Court-fee on the civil revision petition is allowed.