if it is number proved that the summons was duly served, the Court shall direct a second summons to be issued and served on the defendant When summons served but number in due time if it is proved that the summons was served on the defendant, but number in sufficient time to enable him to appear and answer on the day fixed in the summons, the Court shall postpone the hearing of the suit to a future day to be fixed by the Court, and shall direct numberice of such day to be given to the defendant.
Order 9 Rule 6 speaks of due service.
The appellant filed an application under Order 9 Rule 13 CPC to set aside the ex parte decree.
The suit was posted for appearance on May 29, 1990 but the summons were served on the appellant on May 28, 1990.
The Trial Court held that it was barred by limitation under Article 123 of the Schedule to the Limitation Act, 1963.
if it is proved that the summons was duly served, the Court may make an order that the suit be heare exparte When summons number duly served.
In companysequence, the University did number enter appearance and the suit was ultimately decided ex parte.
1 where the plaintiff appears and the defendant does number appear when the suit is called on for hearing, then When summons duly served.
He sent a letter to the Court seeking adjournment.
Though the case was adjourned to July 19, 1990, the adjourned date was number intimated to the University.
On appeal, the High Court companyfirmed the order.
The appellant University was impleaded as a party defendant to the Title Suit No.
1, District Karimganj in Assam.
Leave granted.
Thus, this appeal by special leave.
Procedure when only plaintiff appears.
61/90 on the file of the Munsiff No.
