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IN THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH
KAUSHIK GOSWAMI
Dibrugarh Hanumanbux Surajmal Kanoi Commerce College – Appellant
Versus
Kamal Chandra Gogoi Son of Late Uma Kanta Gogoi – Respondent
| Table of Content |
|---|
| 1. summary of ex-parte decree and subsequent setting aside proceedings. (Para 3 , 4 , 5 , 6) |
| 2. contention over procedural compliance regarding summons service. (Para 7 , 8) |
| 3. requirement to strictly adhere to service of summons protocols. (Para 9 , 10 , 11 , 12 , 13) |
| 4. affixation under order v rule 17 is mandatory, not directory. (Para 14 , 15 , 16) |
| 5. dismissal of revision petition due to lack of jurisdictional error. (Para 17 , 18) |
JUDGMENT & ORDER :
KAUSHIK GOSWAMI, J.
Heard Mr. N. N. Upadhyaya, learned counsel appearing for the petitioners. Also heard Mr. P. J. Saikia, learned Senior Counsel assisted by Mr. A. K. Gupta, learned counsel appearing for the respondent Nos. 1, 4, 5, 6, 7 and 9.
2. None appears for the remaining respondents on call despite service being effected by way of paper publication as observed by this Court earlier on 24.03.2025.
3. By way of this Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as the “CPC”), the petitioners have assailed the impugned Judgment and Order dated 06.09.2018 passed by the learned Additional District Judge, Dibrugarh in Misc. Appeal No. 5/2017, whereby the order date
The procedural requirement to affix summons at a defendant's residence upon inability to effect personal service is mandatory. Substituted service via publication cannot be resorted to unless these f....
Substituted service of summons through publication is only permissible when proper procedures are followed; failure to do so invalidates ex-parte judgments.
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....
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....
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....
Ex-parte proceedings – Personal service of summons/notice in ordinary way is a rule and substituted service is an exception – Before passing any order for substituted service on the basis of material....
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.
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