1. The plaintiff in a suit for realisation of Rs. 20,35,8497- is the petitioner. The plaintiff filed the suit on 17.10.2002 after paying one tenth of the court fee. The learned Additional Sub Judge before whom the suit was filed ordered summons to the defendant as provided under 0.5 R.9(1) of Code of Civil Procedure. On the next day the batta for issuing summons ordered under 0.5 R.9(1) of the Code of Civil Procedure was paid and the suit was posted for return of notice on 16.11.2002. On 16.11.2002 the learned Additional Subordinate Judge was on leave. The case was called before the court of the Principle Sub Judge. According to the petitioner then only his Advocate came to know that in addition to the service of summons ordered under 0.5 R.9(1) of the Code of Civil Procedure the learned Sub Judge had also ordered to issue summons to the defendants by registered post with acknowledgment due as provided under R.9(3) of 0.5 of the Code of Civil Procedure also and directed the plaintiff to pay batta within three days. The steps for issuing notice by Registered post with acknowledgment due was not taken within three days as ordered by the court. Since the plaintiff did not