Code of Civil Procedure, 1908–Order 9, Rule 13 & Order 5, Rule 17–Order of allowing the application under Order 9, Rule 13–Appreciation of– When the notice was refused to be accepted by the applicant, it was bounden duty of the process server to affix the notice in terms of Order 5, Rule 17–Same was not done–Service cannot be termed to be proper–Applicant came to know about the judgment after receiving its certified copy–Application was filed in time limit–Held, Trial Court rightly exercised the jurisdiciton.
