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1958 Supreme(Mad) 89

PANCHAPAKESA AYYAR
Sri Krishna Rice Mills, a Firm by partner M. R. M. K. Chidambaram Pillai – Appellant
Versus
P. Rajagopala Konar – Respondent


Advocates:
A. V. Narayanaswami Ayyar, for Petitioner.
A. Sundaram Ayyar, for Respondent.

Judgment

This is a petition by Sri Krishna Rice Mills of Manachanallur, Lalgudi Taluk, Tiruchirapalli District, the defendants in O.S.No. 109 of 1952, on the file of the Court of the District Munsif, Tiruchirapalli, for revising and setting aside the judgment and decree of the District Judge, Tiruchirapalli, in C.M.A. No. 19 of 1954, confirming the order of the District Munsif, Tiruchirapalli, in I.A. No. 831 of 1953, dismissing the petitioner’s application, under Order 9, rule 13, Civil Procedure Code for setting aside the ex parte decree passed against them on 19th June, 1952, and dismissing the C.M.A. The suit had been filed by one Rajagopala Konar, the respondent-plaintiff, against the petitioners, for recovering Rs. 1,250 with subsequent interest and costs, the suit amount being the value of paddy sold to the petitioners. A summons was served on the petitioners regarding the earlier hearing of the suit on 28th March, 1952. It was duly affixed, but the Court held that the service was not sufficient, and ordered fresh summons, adjourning the suit to 14th June, 1952. So the affixture of the first summons becomes irrelevant for the purpose of the I.A. and C.M.A. and this C.R.P. The









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