Sadasiva Aiyar, J.

1. The first defendant is the petitioner in revision. An ex parte decree was obtained by the plaintiff against the petitioner for specific performance of an unregistered written agreement by which the defendants agreed to execute a registered rent deed in favour of the plaintiff. This ex parte decree was passed on the 16th August 1910. The first defendant was not personally served with the defendants summons in the suit. His permanent residence was Bezwada and the suit was brought in the Bezwada Munsifs Court. When the process server went to serve him with the summons on 2nd July 1910, 1st defendants gumastah said that the 1st defendant had gone to Tirupathi and so the duplicate summons was affixed to the outer door of his house. The process-server was solemmly affirmed on the 5th July 1910 and deposed to the truth of his return to the above effect. The District Munsif treated the service by affixture as service duly made and after examining one witness for the plaintiff who proved that the unregistered agreement was executed by the 1st defendant gave a decree against the 1st defendant (decree was also passed against the other executant of the agreement, t