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Judgment
5 paragraphs · 103 words
1.
We do not think that the service in this case was proper. Mere temporary absence of the person to be served does not justify the process-
server affixing the summons to the door [Bhomshetti v. Umabai ILR 21 Bom. 223. It is the duty of the peon to take some pains to find out the
person to be served, so that, if possible, personal service may be effected.
2.
We must set aside the decree and direct that the Subordinate Judge do restore the suit to his file and dispose of it according to law. Costs will
abide and follow the result.