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BIRENDRA KUMAR
Rajendra Kumar S/o Birbal Prasad – Appellant
Versus
Nanda Bai W/o Mohan Ram Ji – Respondent
JUDGMENT :
1. Heard the parties.
2. By the impugned order dated 02.03.2016 passed in Civil Misc. Case No.52/2010, the learned trial court refused to set aside ex-parte decree dated 09.09.2008 passed in Civil Original Suit No.13/2006.
3. In the application under Order 9 Rule 13 CPC, the case of the appellant was that notice of the suit was never served on the appellant. The respondents relied upon the fact that service of notice on the appellant was effected under Order 5 Rule 15 CPC as notice of the appellant was served on his brother-Narendra Kumar.
Order 5 Rule 15 CPC reads as follows:-
Explanation. -A servant is not a member of the family within the meaning of this rule.”
4. Thus, one of the important requirements to fulfill the requirement of Order 5 Rule 15 CPC is that in absence of the addressee to the notice, the same may be served upon any adult member of the fa
The main legal point established in the judgment is that the service of summons must adhere to the requirements of Order 5 Rule 15 of C.P.C., including making necessary enquiries to determine the abs....
The importance of satisfying the conditions for setting aside an ex-parte decree and the need for evidence to support claims in legal proceedings.
An ex-parte decree cannot stand if there is no valid proof of service of notice to the parties involved, emphasizing fairness and due process in civil proceedings.
Irregularity in service of summons does not justify setting aside an ex parte decree if the defendant had knowledge of the proceedings.
The defendant must prove lack of proper service and sufficient cause preventing appearance to set aside an ex-parte judgment. Irregularity in summons service is not sufficient if the defendant had no....
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