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IN THE HIGH COURT OF JHARKHAND AT RANCHI
PRADEEP KUMAR SRIVASTAVA
Gopal Pradhan, aged about 52 years, Son of Late Baidyanath Gour – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. The instant civil revision application is directed against the order dated 12.10.2023 passed by learned Principal District Judge, East Singhbhum, Jamshedpur in Civil Misc. Appeal No. 14 of 2022, whereby and whereunder the appeal preferred by the respondent nos. 1 & 2 under Order XLIII Rule 1(d) of the Code of Civil Procedure against the order dated 22.09.2022 passed by learned Civil Judge, Senior Division-I, Jamshedpur in Civil Misc. Case No. 02 of 2015, which was filed under Order IX Rule 13 read with Section 151 of the Code of Civil Procedure for setting aside the ex parte decree dated 30.07.2012 passed in Title Suit No. 88 of 2004, was allowed by setting aside the ex-parte decree passed in Title Suit No. 88 of 2004 and restored the suit to its original number for hearing on merits,.
2. Learned counsel for the petitioners assailing the impugned order has mainly argued that the learned appellate court in an appeal filed under Order XLIII Rule 1(d) of the Code of Civil Procedure, while setting aside the order passed by the learned Civil Judge, Senior Division-I, Jamshedpur, on application under Order IX Rule 13 read with Section 151 of the Code of Civil Procedure, has i
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....
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....
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