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ALKA SARIN
M/s Paras Ram Milkhi Ram – Appellant
Versus
Sudarshan Tea. Private Limited – Respondent
JUDGMENT
Alka Sarin, J. - Heard through video conferencing.
2. The present petition has been filed under Article 227 of the Constitution of India challenging order dated 08.01.2015 passed by the Additional District Judge, Sangrur and 27.04.2011 passed by the Additional Civil Judge (Sr. Division), Moonak as well as the ex-parte judgment and decree dated 11.06.2015 passed by the Additional Civil Judge (Sr. Division), Sunam.
3. Brief facts relevant to the present lis are that on 04.02.2004 the plaintiff-respondents herein filed a suit for recovery Rs.1,32,513/- against the defendant-petitioners. Vide order dated 05.02.2004, the Trial Court issued notice to the defendants-petitioners for 04.03.2004 on filing of registered cover. Summons were issued through registered post on 06.02.2004 for 04.03.2004. On 04.03.2004 the registered cover sent to the defendant-petitioners No.2 to 5 were received back with the report of refusal and hence they were proceeded against ex-parte. Since acknowledgment due qua defendant-petitioner No.1, namely, Satpal Mittal was not received, hence fresh notice was directed for 17.04.2004. On 17.04.2004 the acknowledgment due was received back with a report of refu
Proper service of summons is essential, and the procedure for service must comply with the provisions of the Civil Procedure Code, particularly Order 5 Rules 9 and 21.
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....
Proper service of summons is essential for the validity of court proceedings.
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 primary mode of service of summons on the defendant through the proper officer of the court cannot be dispensed with, and modes of service enumerated in Order V Rule 9(3) are in addition to perso....
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 is that the trial court must ensure proper service of summons and comply with the legal requirements for substituted service.
Substituted service of summons through publication is only permissible when proper procedures are followed; failure to do so invalidates ex-parte judgments.
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