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RAJIV SHAKDHER, POONAM A. BAMBA
Maini Scaffold Systems – Appellant
Versus
S. K. Jain Proprietor - Padmawati Metals – Respondent
JUDGMENT :
Poonam A. Bamba, J.
1. The instant appeal has been preferred by the appellants under Section 104 of the Code of Civil Procedure, 1908 (“CPC”) read with Order XLIII rule 1(d) and Section 151 of the CPC against the order dated 21.01.2019 passed by the Ld. Single Judge in I.A. No. 2086-2087 of 2018 in CS(OS) No. 2222 of 2013 (“impugned order” in short). Vide impugned order, the Ld. Single Judge had dismissed the application filed by the appellants and the respondent No. 2 herein under Order IX rule 13 CPC for setting aside the ex-parte judgment/decree dated 15.01.2015 passed against them in CS(OS) No. 2222 of 2013.
2. Let me briefly mention the factual backdrop in which the present appeal came to be filed:
ii. summons vide order dated 18.11.2013, were issued to the defendants i.e
Due service of summons is essential for a valid judgment. Knowledge of the proceedings cannot be imputed to a party based on a legal notice served at a given address if the summons were not duly serv....
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 emphasized the necessity of effective service of summons and adherence to procedural mandates in civil proceedings.
Service of summons via email and WhatsApp is deemed valid under the Code of Civil Procedure when proof exists, and delay due to negligence in responding to litigation cannot be condoned in commercial....
Substituted service of summons through publication is only permissible when proper procedures are followed; failure to do so invalidates ex-parte judgments.
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.
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 main legal point established in the judgment is the interpretation of 'sufficient cause' for non-appearance of the defendants under Order XXXVII CPC and the importance of giving the correct addre....
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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