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TUSHAR RAO GEDELA
B. B. Metals – Appellant
Versus
Bobinder Singh – Respondent
JUDGMENT :
TUSHAR RAO GEDELA, J.
[The proceeding has been conducted through Hybrid mode]
1. None appears for the Respondents today and none had been appearing for the Respondents for the past many dates of hearing.
2. Accordingly, Respondents are proceeded ex parte.
3. Learned counsel appearing for the Petitioner submits that the impugned order was passed contrary to the records of the case, in that, vide order dated 25.05.2015 passed by the Joint Registrar of this Court, it was noted that Respondent was duly served with the summons of the suit.
4. Learned counsel on above basis submits that setting aside of the exparte decree on the ground that Respondent was never served, is contrary to the record of the Trial Court. Learned counsel thus submits that the impugned order dated 11.02.2020 be quashed and set aside.
5. Perusal of Order IX Rule 13 CPC brings to fore that the burden of satisfying the Court that summons of the suit was not duly served upon the Defendant is squarely upon the Defendant and only on the subjective satisfaction thereof would the Court set aside the decree.
6. It is trite that setting aside of the exparte decree is not for the asking and it is incumbent upon the Court
The burden of proving non-service of summons lies with the defendant, and setting aside an ex parte decree requires the court to examine the records and determine if the summons were served.
Procedural fairness must prevail in legal proceedings; courts should prioritize resolving matters on merits over strict adherence to procedural technicalities.
The defendant must prove lack of proper service and sufficient cause preventing appearance to set aside an ex-parte judgment. Irregularity in summons service is not sufficient if the defendant had no....
Non-issuance of summons via mandatory ordinary process, absent exemption or plaintiffs' request for registered post, renders ex-parte decree vulnerable; lower courts' failure to consider this suspect....
Legal procedures for serving notices must be followed, and refusal of service cannot negate the validity of service when appropriately executed.
Proper service of notice is essential for the validity of a judgment, and failure to do so can lead to setting aside an ex-parte decree.
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