Back
N. UNNI KRISHNAN NAIR
Dibya Jyoti Neog S/o Late Loknath Neog – Appellant
Versus
Ejum Karbak S/on Late Hoyi Karbak – Respondent
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
1. Heard Ms. M. Hazarika, learned senior counsel, assisted by Ms. S. Newar, learned counsel, appearing on behalf of the appellant. Also heard Mr. B.M. Deka, learned counsel, appearing on behalf of the respondent.
2. The brief facts requisite for the purpose of adjudication of the issues arising in the present proceeding, is noticed as under:
The learned trial Court after having issued notices in the said Money Suit No. 39/2020 to the defendants, therein, and the defendants not having entered appearance; proceeded vide order, dated 17.02.2021, to require the respondent, herein, to publish the notices in any national Newspapers for appearance of the defendants. Accordingly, it is seen that the respondent, herein, had published the notices in 3 Newspapers, namely, “Sentinel” published from Guwahati and Dibrugarh “Dainik Assam” published from Assam and “Echo of A
The court emphasized the necessity of effective service of summons and adherence to procedural mandates in civil proceedings.
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 High Court, exercising its extraordinary jurisdiction under Article 227 of the Constitution of India, cannot reappreciate the evidence or substitute its subjective opinion in place of the finding....
Mandatory service requirements under Order V Rule 17 must be strictly followed; failure to do so invalidates ex-parte proceedings.
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....
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
