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K. MANMADHA RAO
Plant Protection Products Private Limited – Appellant
Versus
Konda Sekhar Reddy – Respondent
JUDGMENT
1. The present Appeal is preferred by the appellant aggrieved by the order dtd. 23/10/2017 passed in I.A.No.1517 of 2011 in O.S No.173 of 2010 on the file of I Additional District Judge, Nellore (for short "the trial Court").
2. The impugned application has been filed by the appellant/defendant/petitioner before the trial Court under Order IX Rule 13 CPC seeking to set aside the ex parte decree passed against him on 26/11/2010 and permit him to contest the matter and for costs.
3. Originally the suit in O.S No.173 of 2010 was filed by the respondent/plaintiff for grant of specific performance of agreement of sale dtd. 11/12/1995 alleged to have been executed by the appellant/defendant and thereupon in the said suit the respondent/plaintiff obtained ex parte decree vide judgment and decree dtd. 26/11/2010 by the trial Court. It is stated that the appellant/defendant was not served with summons in the above suit or in the I.A or in the E.P and further he never resided in Flat No.S-A, 2 2nd floor, Sri Rajagopalapuram, Dagramitta, Nellore. The appellant/ defendant left Nellore long back and has been residing in Chennai. It is further stated that the appellant/defendant filed I.
The main legal point established in the judgment is the significance of proper service of summons and the defendant's right to set aside an ex-parte decree by presenting a satisfactory reason in cour....
The court emphasized the necessity of adhering to procedural rules under the Code of Civil Procedure to ensure that ex-parte decrees are justly administered and not issued without proper evidence of ....
Order V Rule 19 of CPC, mandates that before declaring fact that summons have been duly served, it was obligatory for this Court to examine Process Server, on oath, as requisite affidavit has not bee....
The court established that improper service of summons, particularly when the defendant is expected to return shortly, invalidates an ex parte decree, necessitating its setting aside.
The court reaffirmed that ex parte decrees can only be issued where proper notice is given, and that procedural irregularities void such decrees.
The main legal point established in the judgment is the requirement for summons to be duly served or the defendant to be prevented by sufficient cause from appearing, as per Order IX Rule 13 of the C....
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