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ANIL K. NARENDRAN, HARISANKAR V. MENON
Biju Paramu, S/o. Paramu – Appellant
Versus
Mohanan, S/o. Krishnakutty Menon – Respondent
JUDGMENT :
Harisankar V. Menon, J.
This first appeal is filed under Order XLIII Rule (1)(d) read with Section 104 of the Code of Civil Procedure (for short, the ‘Code’), against the order dated 31.10.2018 in I.A.No.3909 of 2015 in O.S.No.295 of 2012 of the IInd Additional Sub Court, Ernakulam. By this order, an application filed by the appellant herein, who was the defendant in the suit, for setting aside an ex parte decree dated 30.06.2012 exercising the powers under Order IX Rule 13 of the Code was dismissed.
2. The appellant was the defendant in O.S No.295 of 2012 referred above. This suit was filed by the 1st respondent herein, for realization of Rs. 25 lakhs from the appellant-defendant; a declaration to the effect that document No.666 of 2006 of SRO, Ernakulam is a sham one, not binding on the plaintiff and also for a permanent prohibitory injunction restraining the appellant-defendant from trespassing into the plaint scheduled properties. The appellant-defendant was set ex parte by the trial court on account of which the suit was decreed on 30.06.2012, setting aside document No.666 of 2006 of SRO, Ernakulam; restraining the appellant-defendant by a permanent prohibitory injun
The court established that improper service of summons, particularly when the defendant is expected to return shortly, invalidates an ex parte decree, necessitating its setting aside.
Service of summons on defendant can be effected under Order V, Rule 15 of Code only if it is specifically so ordered by court and without court having concluded prior to service of summons that defen....
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.
The main legal point established in the judgment is the significance of proper service of summons and the defendant's right to set aside an ex-parte decree by presenting a satisfactory reason in cour....
Order V Rule 19 of CPC, mandates that before declaring fact that summons have been duly served, it was obligatory for this Court to examine Process Server, on oath, as requisite affidavit has not bee....
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....
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