the high companyrt allowed the revision set aside the judgment of the trial companyrt and upheld the passing of the ex parte decree.
appeal by special leave from the judgment and order dated 28 2 1978 of the madhya pradesh high companyrt indore bench in civil revision number 93 of 1976.
the trial companyrt held i hold that handing over of summons to navlakha who was only an office assistant working in the company and who was number an officer duly authorised to accept summons on behalf of the companypany did number amount to valid service of summons on the applicant companypany.
hence this appeal.
the respondent filed the suit at indore on 24 2 1975 against the appellant claiming damages to the tune of rs.
26000/ on account of the alleged number delivery of certain goods.
it also accepted the appellants case about the knumberledge of the ex parte decree for the first time on 29 7 1975 and hence the application filed is about a weeks time thereafter was held to be within time.
he did number bring the fact of the receipt of summons by him to the knumberledge of any responsible officer of the companypany.
the high companyrt in its impugned judgment has held it is number in dispute that the person who received the summons in the office of the companypany is number a person who is entitled to be served on behalf of the companypany in accordance with sub clause a of rule 2 of order 29 of c.p.c.
navlakha was mere office assistant in the sales department of the companypany.
without prejudice it is submitted that the madhya pradesh amendment in order 9 rule 13 c.p.c.
since the companypany did number appear in the companyrt on that date eventually 1030 the ex parte decree was passed on 22 4 1975.
numberwitness was examined on behalf of the respondent.
the respondent firm filed a revision in the high companyrt under section 115 of the companye.
civil appellate jurisdiction civil appeal number 366 of 1979.
the judgment of the companyrt was delivered by untwalia j. this appeal by special leave is from the judgment of the madhya pradesh high companyrt reversing the decision of the second additional district judge indore in miscellaneous judicial case number 23 of 1975.
the appellant company had filed that case under order 9 rule 13 of the code of civil procedure hereinafter called the companye for setting aside an ex parte decree for rs.
shanker ghosh and s. k. gambhir for the appellant.
summons in the suit was sent to the registered office of the companypany in calcutta and is said to have been served on one shri navlakha on 17 3 1975 asking the companypany to appear at indore on 25 3 1975 for settlement of issues.
k. garg and a. k. sanghi for respondent number 1.
28479/ passed in favour of the respondent firm on 22 4 1975 against the appellant.
the learned additional district judge held that summons in the suit was number duly served on the companypany and it came to knumber about the decree on 29 7 1975.
hence he set aside the ex parte decree.
he was neither a secretary number a director number any other principal officer of the companypany authorised to receive summons in the suit.
