J U D G M E N T

Asha, J.

Whether the summons served on an adult member of the family amounts to proper service, is the issue involved in this case.

2. The appellant was set exparte in a suit filed by the 1^st respondent praying for a decree for return of advance amount paid on the basis of an agreement for sale entered into between the appellant and the 1^st respondent. The appellant's father who executed the agreement for sale in his capacity as the power of attorney holder of the appellant was the 1^st defendant, who is the 2^nd respondent herein. Original Suit No.124 of 2011 was filed by the 1^st respondent on 03.12.2011 before the court of the Subordinate Judge, Kasaragode. Summons was issued from the court on 15.12.2011 fixing date for appearance of defendants as 07.01.2012. On 22.12.2011, the 1^st defendant/2^nd respondent herein received the summons issued to him. The process server served the summons issued to the appellant herein also on the 1^st defendant himself, who is the father of the appellant.

3. The 1^st defendant appeared in court through an Advocate on 07.01.2012. The 2^nd defendant did not enter appearance. The suit was decreed on 26.03.2013 as against the 2^nd respondent/1^st