THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA CIVIL REVISION PETITION No.4392 of 2014

ORDER:

This Civil Revision Petition is filed seeking to set-aside the order dated 30.07.2014 in I.A.No.36 of 2014 in O.S.No.1287 of 2012 passed by the learned IV Senior Civil Jude, City Civil Court, Hyderabad.

2. The facts of the case in a nutshell are that respondent/plaintiff filed a suit in O.S.No.1287 of 2012 for recovery of money against the petitioner/defendant herein for a sum of Rs.1,61,500/- and the summons issued by the Court could not be served by the Process Server as the petitioner/defendant was not present at her house at that point of time. However, the husband of the petitioner was present but he refused to receive the summons, as such summons were affixed on the main door. Refusal by the husband of the petitioner/defendant to receive the summons emanated from the Court and more pertinently when wife and husband were residing under one roof, the summons were held to be deemed service on the petitioner/defendant. Further, as per Order V Rule 15 CPC the husband of the defendant being an adult member of the family, he ought to have received summons and consequent upon such refusal it w