Judgement

Ray, C. J. :- This appeal is directed against an order of the Subordinate Judge of Cuttack refusing to set aside an ex parte decree. The suit was a Money Suit by the res p. against more than four defts. of whom deft. 2 is the applt. before us. Deft. 1 is the elder brother and is stated to be the Manager of the joint family of defts. 1, 2 and 3. Deft. 4 is a Muhammadan gentleman who was impleaded on the ground that he was one of the patnrs of the partnership business in relation whereto the liability in favour of the pltf. is said to have arisen. Defta 5 and 6 were some of the servants of the partnership concern. The suit was contested by deft. 4 and he was released from the liability on the finding that he was not a patnr. of the concern. Deft 1, while residing at Puri. the place where he ordinarily resides now-a-days away from the family house at Cuttack, was personally served with summons which he acknowledged. Deft. 3 is the son of deft. 1. The two defts. (defts. 2 and 3) could not be personally served with the regular summonses accompanied with copies of plaint addressed to them. The report of the Serving Officer was that the copies of summonses had been tendered to th