SUBBA RAO, C.J. :- I have had the advantage of reading the judgment prepared by learned brother Bhimasankaram J. I agree with him.

2. BHIMASANKARAM, J. :- The Civil Revision Petition has been directed to be posted before a Full Bench by our learned brother Chandra Reddy J. The question for determination in the case is whether substituted service effected as provided by O. 5, R. 20, Civil P. C., is due service within the meaning of O. 9, R. 13 of the same Code.

3. The facts of the case are these : The petitioner obtained a decree against both the respondents who are father and son. The father was not personally served with the notice of suit and substituted service was ordered against him. As he did not eventually appear in the suit, there was an ex parte decree passed against him. He applied to the lower Court for setting aside the decree on the ground that he had no knowledge of the suit.

Without recording a definite finding as to whether he had or had not knowledge of the proceedings, the learned District Munsif before whom the petition for setting aside the ex parte decree came up for hearing, stated that as the service was only substituted service, he could not have been