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1981 Supreme(Gau) 85

S.M.ALI
Gopal Ch. Kalita – Appellant
Versus
Chiddi Sau – Respondent


Advocates Appeared:
P. N. Goswami, B. C. Baruah, D. K. Bhattacharjee, A. K. Das and H. K. Sarma

Judgement

This revision petition is against the order dated 18-2-1980 passed by Shri Jaisingh Chetri, Sadar Munsiff, Gauhati in Misc. Case No. (J) 19 of 1979 setting aside the ex parte decree passed by him on 28-2-1979 in Title Suit No.26 of 1978. The circumstances leading to this petition are as follows. The petitioner instituted ejectment suit being No.26 of 1978 against the defendant-respondent for ejectment from the suit house and for recovery of arrear rent together with compensation amounting to Rs. 56.50 p. In that suit summons was issued to the defendant-respondent. It is alleged that he refused to accept the summons and the Process Server affixed a copy of the summons on the wall of the dwelling house of the respondent. But the court directed the summons to be served by registered post and accordingly the summons was issued to the respondent by registered post with acknowledgment due which was returned to the court with an endorsement by the postal peon to the effect that the addressee refused to accept the envelope. On the direction of the court, the summons was reissued by registered post with acknowledgement due and this time also the respondent refused to accept the co













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