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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sanjay Kumar Dwivedi
Bhudeo Krishna Sudarshan – Appellant
Versus
Shambhu Pujhar, son of Late Baidhyanath @ Baijnath Pujhar – Respondent
JUDGMENT :
Sanjay Kumar Dwivedi, J.
Heard Mr. Atanu Banerjee, learned counsel appearing for the petitioner and Mr. Ashish Verma, learned counsel appearing for the opposite party Nos. 3 to 5.
2. Notice upon rest of the opposite party Nos. 1 and 2 have already been served, however, they have chosen not to appear. With a view to provide one more opportunity to opposite party Nos. 1 and 2 the matter was adjourned on 24.03.2025 and further on 22.04.2025 in spite of that they have not appeared, as such this petition is being heard in absence of opposite party Nos. 1 and 2.
3. This petition has been filed under Article 227 of the Constitution of India for setting aside of the order dated 02.03.2024 passed by learned Civil Judge (Senior Division) – IX, Deoghar in Misc. Case No.75 of 2023 arising out of Original Suit No.34 of 2013 whereby the petition dated 26.09.2023 filed under Order – IX Rule 13 of CPC on behalf of the judgment debtor Nos.3 to 5 (respondent Nos.3 to 5) for setting aside ex-parte judgment dated 29.07.2022 and decree dated 10.08.2022 passed in Original Suit No.34 of 2013 by learned Civil Judge (Senior Division) – IX, Deoghar has been allowed and the said ex-parte judgment date
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.
Proper efforts to serve the petitioner and justification of the process of conducting munadi at the place where the property in dispute is situated.
The court emphasized the sanctity of judicial records and the importance of upholding evidence of service of summons unless malafide intent is shown.
An ex-parte decree can be set aside if a defendant proves that proper service of summons was not conducted, emphasizing adherence to procedural due process over substantive merit during initial heari....
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 need for a liberal construction of 'sufficient cause' under CPC Order IX Rule 7 to enable complete justice between the parties.
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