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Judgment
This appeal is directed against the exparte order passed on 28.1.1987 by the learned District Judge. Rajgarh (Bisora) in Original Suit No. 4/B of 1981.
It is the grievance of the appellant that summons was served on defendant''s minor son named Solomon on 6.3.82. On that date he was below 18 years of age. and hence, he cannot be treated as "adult". He further pointed out that no copy of the plaint was annexed with the said summons. Shri Sharma made reference to certified copy of the summons in that context for substantiating the argument.
Shri Namjoshi. counsel for the respondent No. 1 contended that a boy more than 15 years of age is treated as adult and service of the summons of the suit on him is proper service. He tried to justify the impugne order, on the basis of the word "adult".
The meaning of the "adult" in the 20th Cantury Dictionary is mentioned as "Grown up" "mature". Both these words indicate sufficient maturity. In Law Lexicon with legal maxims compiled and edited by P. Ramnath Aiyer (Reprint) edition 1992) meaning of word "Adult" has been given as one who has attained the full age of majority.
The boy should be sufficiently grown up understand the seriousness of receiving the summons of the Court and responsibility to act thereafter. The boys who are major but in teens are usable to understand the seriousness of receiving the summons and to act thereafter. Therefore, at least, the boy on whom the summons has been served should be major. In this case the boy on whom the summons had been served was not major. In my view this is not proper service as contemplated by law - Order. 5 Rule 15 of C.P.C.
Thus, the impugned order deciding the suit against the appellant exporter and decree passed in view of that against him exporter by District Judge, Raygarh (Bisorsa) in the matter of Civil Suit No. 4/B of 1981 is hereby set aside and the Court below is directed to permit the appellant to submit the written statement. The direction is given to the Court for deciding the suit in accordance with law after appellant submits his written statement within reasonable time.
Thus, the appeal is allowed. The impugned Judgment and decree are hereby set aside. The trial Court is hereby directed to permit appellant to submit his written statement within two months and thereafter decide the suit in accordance with law, as early as possible and within three months.
In the circumstances of the matter party to bear their own costs.