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1951 Supreme(Cal) 189

SINHA
TRIPURA MODERN BANK LTD. – Appellant
Versus
BANSEN AND CO. – Respondent


SINHA, J.

( 1 ) THIS is an undefended suit. At the moment it is failing for want of proper service of the writ of summons. That, of course, does not mean that I am dismissing it, but I am granting further opportunity to the plaintiff to effect a proper service. Unfortunately, this kind of service has become so frequent of late that in a future case the Court may not deal with the matter so kindly. It is for that purpose that I propose in this case to discuss the law relating to the service of writs and to point out the defects which are being so constantly met with.

( 2 ) THIS suit is for a decree for Bs. 3,563-13-1, upon an overdraft loan account which defendant l had with the plaintiff Bank. Defendant l is a partnership firm and defendants 2 and 3 are the partners thereof. Defendant 4 has been sued as a guarantor. So far as defendant 4 is concerned, he was served personally and acknowledged service of the writ of summons, and no question arises about the service upon him. The service upon the other three defendants is utterly inadequate. I shall now proceed to describe the service effected upon them.

( 3 ) THE writ of summons in respect of all these three defendants were trans







































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