B.N.AGARWAL, R.C.LAHOTI
Sushil Kumar Sabharwal – Appellant
Versus
Gurpreet Singh – Respondent
Certainly. Based on the provided legal document, here are the key points:
Proper Service of Summons: The process server's report and the endorsement on the summons indicate that the summons was allegedly tendered to the defendant-tenant, who refused to accept it. However, there are inconsistencies and lapses in the process server's account, especially regarding witness presence and the manner of service (!) (!) (!) (!) (!) (!) .
Contradiction in Service Evidence: The process server's deposition states that the summons was refused and then pasted on the shop wall, but the endorsement contradicts this, showing that the summons and plaint were returned to the court instead of being affixed on the premises (!) (!) (!) (!) .
Legal Procedure Requirements: The rules governing service specify that when a defendant refuses to accept service or cannot be found, the process server must affix the summons on a conspicuous part of the defendant’s residence or place of business in the presence of witnesses. The evidence suggests these procedures were not properly followed (!) (!) .
Oath Against Oath and Credibility: The tenant's testimony in court denying receipt of the summons holds more credibility than the process server’s account, especially given the contradictions and lack of witnesses to support the process server’s claims (!) (!) (!) .
Knowledge of the Hearing Date: The court emphasizes that the critical factor is whether the defendant had notice of the hearing date, not merely knowledge of the suit’s pendency. The absence of proper service means the defendant was not given a fair opportunity to appear and contest the case (!) (!) .
Obligation of the Court: The court highlights that
ORDER
This is a landlord-tenant litigation. The tenant is aggrieved by an ex-parte decree dated 9.10.1993 for recovery of arrears of rent and eviction from the suit premises bearing plot No. 9, Chowk Shakti Nagar, Amritsar where the tenant carries on his business of selling shoes. An application under Order 9, Rule 13 of the C.P.C. seeking setting aside of the ex-parte decree was filed which was opposed, enquired into and rejected by the Trial Court. The Civil Revision preferred by the tenant met with the same fate. The tenant has filed this appeal by Special Leave.
2. A perusal of the record of proceedings shows that the process server was entrusted with summons for service on the defendant-tenant. The date of hearing appointed was 23.2.1993. According to the process server, Narinderjeet Singh, he went to the shop of the tenant-appellant on 22.2.1993 and tendered to him the summons accompanied by a copy of the plaint. The tenant refused to accept the summons. Then, he returned the summons alongwith an endorsement of refusal on the back of summons to the Court on 23.2.1993. On 23.2.1993, the Court recorded default in appearance of the defendant-tenant and proceeded ex-parte resulting
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