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MANOJ KUMAR OHRI
Girish Mittal – Appellant
Versus
Prateek Madhan – Respondent
JUDGMENT
Manoj Kumar Ohri, J. -
I.A. 7268/2020 (Under Order IX Rule 7 read with Order XXXVII Rule 2(3) read with Rule 3(7) and Section 151 CPC by the Defendants)
1. The present application has been filed under Order IX Rule 7 read with Order XXXVII Rule 2(3) read with Rule 3(7) and Section 151 CPC seeking recall of the order dated 31.07.2020 (hereinafter referred to as the 'impugned order') whereby the defendants were proceeded ex-parte.
2. The defendants have sought recall of the impugned order primarily on the ground that the defendants were never served with the summons in the suit for the reason that at the relevant time, the defendants were not staying at the address mentioned in the memo of parties.
3. Learned counsel for the defendants submits that the present application has been filed within limitation.
4. It is claimed that although the defendants are the owners of the property bearing No. E-108, Malcha Marg, New Delhi (hereinafter referred to as the 'suit property'), since April, 2018, the defendants were residing at 13, South Drive, DLF Chhatarpur, New Delhi-110074 (hereinafter referred to as the 'Chhatarpur Property').
5. In support of the claim, the defendants have placed
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....
Proper service of summons in civil suits is paramount; failure to serve defendants adequately allows for recalling of ex-parte orders to ensure justice and allow fair defense opportunities.
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 significance of proper service of summons as per the requirements of Order V Rule 17 of the Code of Civil Procedure.
Actual service of summons by registered post acknowledgment due is valid, even if defendants reside outside jurisdiction, and non-compliance with procedural rules does not equate to no service.
The declaration of the process server, duly endorsed by the Nazir, in view of the amended provision of Order 5 Rule 19 A of the CPC, is admissible as evidence of the service or attempted service of t....
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....
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....
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