Case Note & Summary
The case involved an appeal filed by P. Eshwaraiah against the judgment and decree passed in OS.No. 1272 of 1986 by the IV-Additional Judge, City Civil Court, Hyderabad. The appeal was registered as CCCA.No. 87 of 1989. The court noted that the Registry had issued a notice to the respondent, Smitha Manohar Dounde, but it was returned unserved because the specified house number could not be located. Given this situation, the court determined that no useful purpose would be served by further ordering notice. Consequently, the appeal was dismissed, allowing the parties the liberty to move appropriate applications if they chose to do so, and no costs were imposed. The judgment was delivered by Justice P. S. Narayana on June 8, 2010.
Headnote
A) Civil Procedure - Notice Service - Dismissal of Appeal - Code of Civil Procedure, 1908 - The court found that the notice issued to the respondent was returned unserved due to the absence of the specified house number, leading to the conclusion that further notice would serve no useful purpose. The appeal was closed with liberty to the parties to file appropriate applications if advised, without costs (Paras 1-3).
Issue of Consideration
Whether the appeal should proceed despite the notice being unserved.
Final Decision
The appeal was dismissed due to the notice being returned unserved, with liberty granted to the parties to file appropriate applications if advised.
Law Points
- Dismissal of appeal
- notice service issues
