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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Indraprastha World School - Appellant
Versus
Chitra Srivastava - Respondent
FAO 9 of 2022 & CM Appls. 1436-37 of 2022
Decided On : 10-01-2022
| Table of Content |
|---|
| 1. appellant seeks to set aside prior orders. (Para 2) |
| 2. arguments regarding court observations on pending application. (Para 3) |
| 3. court's observations are prima facie. (Para 4) |
| 4. directions for service and trial court proceedings. (Para 5 , 6 , 7) |
| 5. copy of the order to be uploaded and communicated. (Para 8) |
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--The hearing was conducted through video conferencing.
2. Appellant seeks setting aside of orders dated 11.11.2021, 27.11.2021, 29.11.2021 and 06.12.2021.
3. Learned counsel for the appellant submits that though the application of the appellant under Order 39 Rule 1 & 2 has not been decided as yet but several observations have been made by the Court in the above orders which in effect decide the application. He further submits that despite respondent having been served repeatedly Court has issued fresh notice.
4. It is observed that the observations of the Court in the above referred orders are only prima facie and cannot amount to an expression of opinion on the merits of the application. In so far as the service of the respondent is concerned, it is informed by learned counsel for the appellant that a Suit for Recovery has been filed by the respondent which is also listed before the same Court tomorrow.
5. Accordingly, this appeal is disposed of with a direction that in case respondents are not served in terms of order dated 29.11.2021, appellant be permitted to serve the respondent through the counsel, who is appearing for the respondent in the suit filed by the respondent that is stated to be listed before the same Court tomorrow itself.
6. Further it is directed that the observations contained in the above referred orders shall be treated as prima facie and not amount to an expression of opinion and the Trial Court shall dispose of the application under Order 39 Rule 1 & 2 filed by the appellant, expeditiously in accordance with law without being influenced by any of the observations referred to in the above orders.
7. Appeal is disposed of in the above terms.
8. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.
Interim observations in an appeal do not constitute a final opinion and must not affect the impartiality of the trial court's decision on pending applications under Order 39.
The absence of clear evidence of service of summons necessitates setting aside an ex parte decree, emphasizing the right to due process and the opportunity to contest claims.
The central legal point established is the requirement for proper adjudication and compliance with legal procedures, particularly in cases involving service of summons and awareness of legal proceedi....
Proper service of summons is crucial, and failure to adhere to the prescribed procedure can lead to the conclusion of non-service, as highlighted by the Supreme Court decisions referenced in the judg....
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....
Interim orders impacting financial recovery must be addressed expeditiously by the Tribunal, with no merit considerations made at this stage.
Setting aside of ex parte judgment and decree – Defendant is obliged to apply for leave to defend only after he has been served with summons for judgment.
Parties must be afforded a fair opportunity to respond in injunction proceedings; failure to consider the requisite principles warrants intervention by appellate courts.
Substituted service of summons through publication is only permissible when proper procedures are followed; failure to do so invalidates ex-parte judgments.
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