Civil Procedure Code, 1908 Order–5, Rule–9,10,19-A read with Section–27 of the General Clauses Act, 1897–Service of summons–Jurisdictional Error–Ex-parte Decree–Improper Mode of service–Validity of service by registered post alone–Failure to issue ordinary process–Defendant filed an application for setting aside decree alleging non-service of summons and fraud in postal endorsement– Ordinary summons not issued–
Held–That, where ordinary summons under Order-5 Rule 9(1) of the Civil Procedure Code, 1908 is neither issued nor exempted, service by registered post alone is not valid service–Further held–Issuance of summons through ordinary process is mandatory unless exempted by order of court–Revision Allowed. (Para 17 and 18)