P. A. CHOUDHARY, J.

( 1 ) THE petitioner was a Central Railway employee. He was the defendant in O. S. No. 35 of 1977 on the file of the Subordinate Judge s Court, guntur. That suit was filed for recovery of a certain sum of money alleged to be due from the defendant to the plaintiff on a promissory note. The suit was decreed on the basis of a substituted service and I am not concerned with the question whether the passing of that decree without personally serving the defendant was valid.

( 2 ) PRIOR to the year 1972 the defendant was posted at Nagpur and was living there with his wife. But after 1972 the defendant on transfer went to Poona and since then he had been working there. Particularly it appears that when the summons in O. S. No. 35 of 1977 had been first despatched to him, he was not at Nagpur. The aforementioned suit was filed by the plaintiff on 24-2-1977 when the defendant was working at Poona. Yet the plaintiff took out summons to the defendant s address at Nagpur. Not unsurprisingly summons were never returned served on the defendant at nagpur. In fact, nobody knew what happened to those summons. The plaintiff in those circumstances took no further steps and made no

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