FAO 1 & 2 of 2009 13.8.2009 Present: Shri G.R. Palsara, Advocate, for the appellant. Shri Neel Kamal Sharma, Advocate, for respondents No. 1 to 4. FAO Nos. 1 and 2 of 2009 These appeals arise out of the judgment dated 22nd October, 2008 passed by the learned Additional District Judge, Mandi. Heard learned counsel for the parties. The appellant has filed these appeals against the order of the learned Additional District Judge dated 22nd October, 2008. The learned Court while remanding the case noted two facts, namely that S/Shri S.C. Chauhan and V.K. Prasher, Advocates who represented Smt. Sarla Devi were not authorized to do so as she had not signed any power of attorney/Vakaltnama authorizing them to appear on her behalf. The Court also holds that the record of the trial Court shows that she has not been served in the suit. In these circumstances, it is but natural that the case should be remanded and the defendant should be given an opportunity to defend the case set up against her. One other submission made by the learned counsel appearing for the appellants/plaintiffs is that his application under Order 13 Rule 10 of the Code of Civil Procedure has been wrongly rejected. He wanted to prove the register of the Civil Nazir of the trial Court. The learned Court holds and rightly so that in the absence of the summons, the register itself is not a primfacie evidence that service of Sarla Devi is complete. This reasoning cannot be faulted with. These appeals are accordingly disposed of. There shall be no order as to costs. All miscellenous applications are disposed of. All interim orders, if any, stand vacated. August 13, 2009 (Dev Darshan Sud) (ms) Judge.