ABRAHAM PILLAI Vs. DONALD SMITH

JUDGEMENT

(1.) The petitioner applied to set aside an ex parte decree obtained against him on the ground that he was not duly served with the summons. It appears from the reports of the Village Munsif and the process-server that they went to the house of the defendant at Anumanthampatti and were told by his wife that he had gone to Peermade coffee garden and that she did not know when he would return. There was no male member to receive the summons. The process-server thereupon affixed a copy of the summons on the outer wall of the house of the defendant.

(2.) There was no further attempt made to serve the summons on the defendant personally. The suit was heard ex parte and a decree passed against him, which is now sought to be set aside.

(3.) I am of opinion that the decree must be set aside.