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NUPUR BHATI
Mohan Lal – Appellant
Versus
Bheru Lal Bafna official receiver of Bhopal Singh Lrs (deceased) – Respondent
| Table of Content |
|---|
| 1. writ petition background and procedural history (Para 1 , 2 , 3 , 4 , 5) |
| 2. allegations regarding improper service and natural justice (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 3. counterarguments asserting proper service and abandonment of property (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. court's findings regarding service compliance and ex-party decrees (Para 20 , 21 , 22 , 23 , 24 , 25) |
| 5. conclusion dismissing the writ petition (Para 26) |
ORDER :
(Nupur Bhati, J.)
The instant writ petition has been preferred by the petitioner under Article 226 and 227 of the Constitution of India with the following prayers:-
ii) Any other appropriate writ, direction, order or relief which is found favourable to the petitioner in the facts and circumstances of this case may kindly be granted.
2. Brief facts of the case are that the petitioner is a tenant of the shop situated i
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....
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.
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....
Compliance with mandatory provisions of service of notice and the relevance of the 'date of hearing' as a consideration for proceeding ex-parte.
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....
Ownership issues cannot be adjudicated in eviction suits; certified copies of public documents are admissible as evidence.
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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