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H. P. SANDESH
K. Raja – Appellant
Versus
V. Prabhakar – Respondent
JUDGMENT :
H.P.Sandesh, J.
Heard learned counsel for appellant and also learned counsel appearing for respondent.
2. This Miscellaneous First Appeal is filed against the order passed in Misc.No.25012/2022 rejecting the petition filed under Order 9 Rule 13 r/w Section 151 of C.P.C with cost of Rs.1,000/-.
3. The factual matrix of the case before the trial Court is that when the suit is filed for relief of the judgment and decree on the ground that defendant is liable to pay a sum of Rs.8,80,000/- and hence Court has issued summons against the appellant herein and the same was returned at the first instance 'unserved' and in the second instance when the notice was ordered through RPAD, it was returned with an endorsement 'defendant is not in station' and thereafter an application is filed invoking under Order V Rule 20 of C.P.C, seeking paper publication against the appellant herein and the same was allowed and he was placed ex-parte. The trial Court proceeded to record the evidence and passed the judgment and decree. Being aggrieved by the impugned judgment and decree, Misc.Petition is filed invoking Order 9 Rule 13 r/w Section 151 of C.P.C, wherein the ground that was urged is when the
Mandatory service requirements under Order V Rule 17 must be strictly followed; failure to do so invalidates ex-parte proceedings.
Substituted service of summons through publication is only permissible when proper procedures are followed; failure to do so invalidates ex-parte judgments.
Proper service of summons must adhere to the provisions of the CPC, and a party cannot benefit from their own negligence in failing to provide accurate contact information, which affects the validity....
The court emphasized the necessity of effective service of summons and adherence to procedural mandates in civil proceedings.
The main legal point established is that the trial court must ensure proper service of summons and comply with the legal requirements for substituted service.
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....
Service of summons must be lawful and proper; mere knowledge of a suit is insufficient without adequate notice to uphold principles of natural justice.
The main legal point established in the judgment is the significance of proper service of summons as per the requirements of Order V Rule 17 of the Code of Civil Procedure.
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