Service of summons is considered satisfactory if the acknowledgment due card is returned after due service or if the notice is returned with an endorsement "not claimed" by the postal department.

1. MR. Biswas, learned Counsel for the petitioner files affidavit-of-service together with the notice as well as the envelope containing acknowledgement due card bearing endorsement "not claimed" by the postal department.

2. NONE appears on behalf of the opposite parties. This revisional application has been filed by the petitioner Prem Chand Roy praying for setting aside the Order dated 12th July, 2006 passed by the learned Civil Judge, Junior Division, Barrackpur in Title Suit No. 198 of 2004.

3. THE plaintiff/petitioner filed a suit for ejectment, arrears of rent, damages and recovery of khas possession against the opposite parties. THE said suit was registered as Title Suit No. 198 of 2004 in the Court of learned Civil Judge, Junior Division, Barrackpur.

4. THE opposite party No.1 is the tenant and opposite party No.2 is a sub- tenant. THE petitioner served notice to quit upon the opposite parties under section 13(6) of the West Bengal Premises Tenancy Act read with section 106 of the T.P. Act. Since the opposite parties did not vacate, the suit premises and defaulted in payment of rent, he filed the abovementioned suit. In usual course, summons were issued and sent to the opposite parties accompanied by a copy of the registered post with acknowledgement due card. THE acknowledgement due card was in respect of opposite party No.2 returned after due service and notice through post on the opposite party No. 1 was returned with an endorsement "not claimed".

Learned Court ultimately fixed the suit for ex parte hearing. In course of ex parte hearing of the suit, the learned Court examined the witness i.e. the plaintiff/petitioner as P.W.1 and admitted some documents for evidence. Oral argument on behalf of the plaintiff/petitioner was also heard and the learned Court fixed 12.7.2006 for passing ex parte Order of the suit.

5. ON 12.7.2006, learned Court found that service of notice on the opposite parties was not satisfactory. So, the Court directed the plaintiff/petitioner to take necessary steps for satisfactory service of the notice on the present opposite parties.

6. BEING dissatisfied and aggrieved by the said Order, this revisional application has been filed challenging the legality, validity and propriety of the same. The short point to be decided in this revisional application is whether the Order of the learned Court is correct, legal and sustainable in law.

7. HEARD Mr. Biswas, learned Counsel appearing on behalf of the petitioner. Perused the orders passed by the learned Civil Judge, Junior Division, Barrackpur in Title Suit No. 198 of 2004 right from Order No.3 dated 24.1.2005 to Order No.11 dated 12.7.2006.

8. ON perusal of the Orders, I find that the learned Court accepted the fact that summons upon the opposite parties were duly served because the A/D cards in respect of the opposite party No.2 was returned after due service while the notice through post sent to the opposite party No.1 was returned with an endorsement "not claimed" by the postal department. On 19.9.2005 the learned Court came to conclusion that the opposite parties did not appear although notices were served on them. So the Court fixed 12.12.2005 for ex parte hearing of the suit. On 12.12.2005 the affidavit in chief tendered by the petitioner/plaintiff Prem Chand Roy was taken by the Court and kept with record.

9. ON 21.4.2006 learned Court had taken up the suit for ex parte hearing and examined the plaintiff/ petitioner Prem Chand Roy as P.W. 1 who tendered some documents for evidence which were marked as Exhibits 1, 2, 3, 4, 4(b). 4(c) and 5, 5(a) on behalf of the plaintiff/petitioner and fixed 6.2006 for hearing of the argument. In fact, on 7.6.2006 learned Court heard argument on behalf of the plaintiff/petitioner and fixed 12.7.2006 for passing necessary orders.

10. ASTONISHINGLY enough, the learned Court had taken 'U' turn on that date and suddenly found that notices/summons upon the opposite parties were not satisfactorily served. So