P.V. Asha, J.

1. Whether the summons served on an adult member of the family amounts to proper service, is the issue involved in this case.

2. The appellant was set ex-parte in a suit filed by the 1st respondent praying for a decree for return of advance amount paid on the basis of an agreement for sale entered into between the appellant and the 1st respondent. The appellant's father who executed the agreement for sale in his capacity as the power of attorney holder of the appellant was the 1st defendant, who is the 2nd respondent herein. Original Suit No. 124 of 2011 was filed by the 1st respondent on 03.12.2011 before the court of the Subordinate Judge, Kasaragode. Summons was issued from the court on 15.12.2011 fixing date for appearance of defendants as 07.01.2012. On 22.12.2011, the 1st defendant/2nd respondent herein received the summons issued to him. The process server served the summons issued to the appellant herein also on the 1st defendant himself, who is the father of the appellant.

3. The 1st defendant appeared in court through an Advocate on 07.01.2012. The 2nd defendant did not enter appearance. The suit was decreed on 26.03.2013 as against the 2nd responde