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1978 Supreme(Mad) 191

NAINAR SUNDARAM
Aruppukottai Sri Jaya Vilas (P. ) – Appellant
Versus
K. N. Karuppiah – Respondent


Advocates:
E. Padmanabhan, for Petitioner.

Judgement

ORDER :- The plaintiff in O. S. No. 380 of 1972, on the file of the District Munsif of Sattur, is the petitioner in this revision. The respondents herein are the defendants in the said suit. That suit was instituted by the plaintiff against the defendants for the recovery of a sum of Rs. 2,405 being the damages sustained by the plaintiff on account of the accident on 18-7-1971, involving the bus owned by the plaintiff and the lorry owned by the first defendant. According to the plaintiff, the accident occurred on account of the rash and negligent driving of the driver of the lorry owned by the first respondent. The second defendant is the insurance company with which the lorry belonging to the first defendant was insured. It seems that summons could not be served on the first defendant in spite of the fact that batta was paid thrice and there was a failure on the part of the plaintiff to apply for substituted service of the summons on the first defendant. This necessitated the court below to pass orders, dismissing the suit as against the first defendant on 7-12-1972.

2. It is the case of the plaintiff that it was not aware of such orders passed by the court below and this






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