Back
DEVAN M. DESAI
LH OF LT. LALITABEN RASIKLAL GANDHI – Appellant
Versus
LH OF THAKORBHAI ISHWARBHAI PATEL – Respondent
ORDER :
1. Heard learned advocate Mr. Rajan J. Patel for appellants and learned advocate Mr. Rohan N. Majmudar for learned advocate Mr. N.K. Majmudar for respondent Nos. 1 and 1.2.
2. Upon the consent and request of learned advocates appearing for the respective parties, this matter is taken up for final hearing.
3. By way of this Appeal from Order, the appellants have challenged the order dated 04.12.2023 passed by the learned Auxiliary Chamber Judge, City Civil Court, Ahmedabad in Civil Miscellaneous Application No. 839 of 2022, whereby an application under Order 9 Rule 13 read with Section 151 of the Code of Civil Procedure filed by the present appellants.
4. The brief facts leading to this Appeal from Order are as under:
The main legal point established in the judgment is that for setting aside an ex-parte decree, the defendant must prove that the summons was not duly served and demonstrate sufficient cause for non-a....
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....
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.
Proper service of summons must adhere to the provisions of the CPC, and a party cannot benefit from their own negligence in failing to provide accurate contact information, which affects the validity....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
