The Calcutta Weekly Notes. November 30 1953

The result of the discussion is that in oder to be appealable under any of the clauses of Art. [...] 133 of the Constitutiorg did so fully realising the consequences of what they were doing then it must be said that the whole object was to curb the powers of the High Court which it possessed under-the Code of 1908 and the Code of 1882. [...] Accordingly a receiver appoined under the trust deed executed for the benefit of the debenture-holders vis-a-vis his position to the company could not be added as a party to the dispute pending before the industrial tribunal which involved the liablity of the company to the eployees—on the footing that the rceiver was not a rank outsider or disinterested spectator but erswhile mana [...] The Court which hears the applcation to set aside the ex parte decree must itself he satisfied that the sumons was not duly served before it can set aside the decree; it is not bound by the decision given by the trial Court as to the sufficiency of service which was only for the purpose of passing the ex parte decree and which was ex parte. [...] The special facility given by Oder V Rule 21-A dealing with the mode of service to be resorted to in substitution of the ordinary mode of personal service must be properly cicumscribed so as not to defeat the ends of justice as precluding the defendant from getting ex parte decree set aside in the present case.