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Arun Kumar vs. Sohan Bai & Ors.

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Code of Civil Procedure, 1908–Order 9, Rule 7 & Order 5, Rule 17–Service of summon was treated complete on the ground that it was refused to be taken–On the refusal being made by the person on whom service to be effected, the process server is aspected to affix the notice on the conspicuous  place of the house and that too, in presence of two independent witnesses–Procedure was not followed in the present case–Trial Court committed error in rejecting the application on the ground that the service of summon was complete–Impugned order is liable to be set aside–Petitioner is directed to appear before the trial Court and submit the written statement.