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1925 Supreme(Mad) 249

RAMESAM
Syed Muhammad Sahib – Appellant
Versus
A. P. R. L. Alagappa Chettiar – Respondent


JUDGMENT

Ramesam, J.

1. The facts of this revision petition may be stated as follows : The respondent before me was the plaintiff in O.S. No. 1006 of 1922 on the file of the District Munsif of Tiruppur. He filed a suit to recover Rs. 797-9-6 due on a pro-note executed on 27th December, 1919, by the two defendants. The 2nd defendant never appeared in the suit and we are not now concerned with him. The 1st defendant is the petitioner before me. The first summons to him was issued in April, 1922. It was not personally served and a fresh service was ordered. Summons was taken out a second time in July, 1922. The Amin went to the village of the defendants on 7th July. He learnt that the defendants had gone to Satyamangalam and other places and the time of their return was not known and that there was no adult male member in their families. The summonses were then affixed to the outer doors of their houses. These facts were sworn to by the Amin before the Deputy Nazir and apparently also confirmed by the report of the village officer. This return of the Amin was on the 10th July. The District Munsif ordered the suit to proceed ex parte and the case was taken up on the 19th July and decreed

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