Legal Question in Civil Rights Law in India

In a suit for partition, the plaintiff has obtained an exparte preliminary decree against the defendants . The summon was served through process surveyor by way of affixture . As defendants were remaing in joint mess and they refused to receive the notice , so the peon had made affixture .
The plaintiff also obtained final decree. Now one of the defendant has filed a mis.case under order 9 rul e-13 C.P.C. for setting aside the expartee decrees.
The evidence in I.A. case has been started. The petitioner after examining himself has closed his evidence .The petitioner has not examined the process server from his side in this case.
Now let me advice whether it is the duty of the plaintiff /opposite party to examine the process surveyor, who had served notice in the original suit ? So also is it necessary to examine the identifying witness , who had put their signature on the reverse of the summon ?
Kindly furnish some citation of the supreme court on this point .

Asked on 3/12/13, 7:29 am

3 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

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Answered on 3/12/13, 7:51 am

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