The central legal point established in the judgment is the importance of proper service of summons and the obligation of the Court to ensure the defendant's awareness of the date of hearing.

R.C. Lahoti, J. - This is a landlord-tenant litigation. The tenant is aggrieved by an ex-parte decree dated 9.10.1993 for recovery of arrears of rent and eviction from the suit premises bearing plot No. 9, Chowk Shakti Nagar, Amritsar where the tenant carries on his business of selling shoes. An application under Order 9 Rule 13 of the CPC seeking setting aside of the ex- parte decree was filed which was opposed, enquired into and rejected by the Trial Court. The Civil Revision preferred by the tenant met with the same fate. The tenant has filed this appeal by Special Leave.

2. A perusal of the record of proceedings shows that the process server was entrusted with summons for service on the defendant-tenant. The date of hearing appointed was 23.2.1993. According to the process server, Narinderjeet Singh, he went to the shop of the tenant-appellant on 22.2.1993 and tendered to him the summons accompanied by a copy of the plaint. The tenant refused to accept the summons. Then, he returned the summons alongwith an endorsement of refusal on the back of summons to the Court on 23.2.1993. On 23.2.1993, the Court recorded default in appearance of the defendant-tenant and proceeded ex-parte resulting into the ex-parte decree dated 9.10.1993.

3. The singular issue which arises for determination in the case is, whether the defendant-tenant can be said to have been properly served in the manner contemplated by the Code of Civil Procedure ?

4. Before we proceed to notice the relevant provisions of law, it will be relevant to state what was endorsed by the process server on the back of the summons and what was deposed to by him in the Court when he was examined in the Court as a witness for the landlord-respondent.

5. The endorsement made by the process server reads as under :

"REPORT OF PROCESS SERVER

Sir,

I visited Sushil Kumar Sabharwal C/o Sabharwal Shoes, House 9. He met me on the spot present. But he refused to accept the summons. Copy of the plaint alongwith summons is returned to the Court.

Report submitted accordingly.

Sd/- Narinderjeet Singh Dated : 22.2.93

Translation from Punjabi to English.

Attested to be true.

(Rajesh Bhandari)

Note : No witness available on the spot.

Refusal - 23.2.1993"

6. The facts deposed to by Narinder jeet Singh, process server in the Court show his having tendered the summons alongwith the copy of the plaint to the defendant and thereupon, the defendants refusal to accept the same. He affirmed the endorsement made by him on the back of the summons. However, he proceeded to state "if the person refuses to accept the same, a copy of the summons and copy of the application be pasted on the wall of the said shop". His deposition runs counter to his own endorsement made on the back of the summons, according to which, on refusal by the defendant to accept the summons "copy of the plaint alongwith summons" was returned to the Court.

7. Rules 17 and 18 of Order 5, CPC Which lay down the procedure of service when the defendant refuses to accept service and the endorsement to be made by the Serving Officer, read thus :

"17. Procedure when defendant refuse to accept service, or cannot be found - Where the defendant or his agent or such other person as aforesaid refuses to sign the acknowledgement, or where the Serving Officer, after using all due and reasonable diligence, cannot find the defendant (who is absent from his residence at the time when service is sought to be effected on him) at his residence and there is no likelihood of his being found at the residence within a reasonable time and there is no agent empowered to accept service of the summons on his behalf, nor any other person on whom service can be made, the Serving Officer shall affix a copy of the summons on the outer door or some other conspicuous part of the house in which the defendant ordinarily resides or carries on business or personally works for gain, and shall then return the original to the Court from which it was issued, with a report