Venkataraman, J.-This Full Bench has been constituted to resolve the conflict of observations in Bench decisions of this Court concerning the effect of non-compliance with the provisions of Order 5, rule 19, Civil Procedure Code, relating to the service of summons.

The reference arises out of an application, E.A. No. 120 of 1960, filed by one Parasurama Odayar, the judgment debtorin O.S. 10 of 1966 on the file of the District Munsif, Arni, to have it declared that the execution sale of his property which took place on 22nd July, 1959, in execution of the said decree was null and void. The property which was sold was about three acres in extent with a well and electric motor pump set. A sum of about Rs. 500 was due on the security of the property to the Government in respect of a loan which had been taken. The property was sold for a sum of Rs. 11 subject to the above encumbrance and the purchaser was one Seshadri Iyengar, the second respondent in E.A. No. 120 of 1960. The notice of sale sent by registered post was returned as refused and the subsequent notice sent through the Court for the hearing on 19th January, 1959 is said to have been affixed to the outer door of the house of P

Click Here to Read the rest of this document