KANAPPA CHETTY Vs. SUGAN CHAND DAGA

JUDGEMENT

(1.) This is an application to set aside an order of 18 May, 1925 giving the assignee-of a decree made on the 8 March, 1912, liberty to execute the decree and for transmission of the decree to a Court in the Madras Presidency for the purpose.

(2.) The applicant states he was never served with notice of that application and he relies on his own petition verified by the affidavit of K.N.M. Kasi Viswanath Pillai as well as the affidavits of other persons. I may say at once that I do not decide upon the facts or any point argued or touched upon in the affidavits other than that to which I shall presently refer, not that they have been abandoned, but because the point upon which I propose to dispose of this matter appears to be conclusive and entirely sufficient for the purpose.

(3.) The affidavit of service of the original notice is by K.P. Raju Naidu who says that he is the village headman of village Sirukunapatti in the District of Ramnad in, the Presidency of Madras. He then goes on to state what he did and assuming that these statements are accepted, as to which I say nothing, on the face of it the affidavit is impeachable. The affidavit purports to have been sworn by this village headman before a gentleman who signs as a member of the Ramnad District Board and the Taluk Board. With regard to the power of this gentleman to administer the oath, that only affects the matter of proof of service and does not go to the root of the whole matter, but it is argued that the village headman is not a proper person to serve the summons.