The Bank of Madras vs. Ponne-Samy Moodelly – clr volume 2 page 026

In The Bank of Madras v. Ponnesamy Moodelli, the court addressed the issue of whether service of summons via the defendant’s proctor constituted proper service under the Civil Procedure Code, particularly in view of section 29. The court held that service upon the proctor was legally sufficient, and the subsequent absence of the defendant at the ordinary proceeding warranted confirmation of the decree nisi and dismissal of the appeal. The decision reaffirmed the principle that substituted service and service through a proctor may satisfy procedural requirements when the defendant, having earlier appeared through a proctor, seeks to avoid personal service. Reliance was placed on relevant sections of the Civil Procedure Code and established procedural rules, emphasizing that avoidance of pro