SANDEEP V. MARNE
EEPC (India) – Appellant
Versus
Nirajkumar Dubey – Respondent
JUDGMENT :
SANDEEP V. MARNE, J.
1. Petitioner has filed this petition challenging the order dated 9 December 2021 on application filed by Defendant No. 1(a) and 1(b) at Exhibit 86 seeking dismissal of the Suit for non-compliance of Rule 11 of Order V of the Code of Civil Procedure, 1908 (the Code). The Trial Court has allowed the application on 9 December 2021 and the Suit against Defendant No. 1(c) has been dismissed under provisions of Order IX Rule 5 of the Code. Petitioner applied for review of the order by filing application at Exhibit-96, which has been rejected by order dated 15 March 2023, which is also subject matter of challenge in the present petition.
2. Petitioner/Plaintiff has filed R.A.D. Suit No. 600 of 2005 against original Defendant - Savitri Dubey seeking a declaration of tenancy /deemed tenancy in respect of suit premises bearing flat No. 5 in the building ‘Shivsagar’ Block No. 19, Worli Sea Face, Worli, Mumbai-400 018. During the pendency of the Suit, Savitri Dubey passed away on 29 June 2016. Her Advocate filed pursis dated 8 July 2016 informing about death of Defendant- Savitri Dubey leaving behind two sons and a daughter. It was contended in the pursis that aft
The court emphasized that procedural rules should not lead to dismissal of a suit when the defendant has knowledge of the proceedings, allowing for restoration of the suit.
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.
Non-compliance with court orders and failure to provide sufficient cause for delay can lead to the dismissal of a suit.
The service of notice to any adult family member, including a female, is valid despite local amendments restricting it to male members, thus upholding the decree passed. Refusal to appear without suf....
Setting aside ex-parte decree – Defendant has to show and satisfy that summons of suit was not duly served and that defendant was prevented by sufficient cause from appearing when suit was called upo....
Service of summons on defendant can be effected under Order V, Rule 15 of Code only if it is specifically so ordered by court and without court having concluded prior to service of summons that defen....
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