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1920 Supreme(All) 360

PIGGOTT, WALSH
Mathura Prasad – Appellant
Versus
Bhup Narain – Respondent


JUDGMENT

Piggott and Walsh, JJ. - We think that this appeal must be allowed, having regard to the new rules which were drawn up by the Rules Committee of this Court and which were gazetted on the 1st of June, 1918. The service in this case was rightly made. It is no longer necessary in a suit instituted after June, 1918, for personal service to be effected for the purposes of an appeal, and to that extent the learned Judge in the court below was right. But it would appear that he did not consult the new rules, or that the point was not taken before him, because if he had looked at the new Rule 22 of Order VII, he would have seen that, although service by fixing to the outer door of the house is prima facie sufficient, where a party is not found at the address given by him, one locus penitent ice is given to him if he is absent at the hearing. The latter part of the now Rule 22 of Order VII runs in this way:

"If on the date fixed such party is not present, another date shall be fixed and a copy of the notice shall be sent to the registered address by registered post, and such service shall be deemed to be as effectual as if the notice, or process had been personally served;" and that

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