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MANJARI NEHRU KAUL
Shinda Masih – Appellant
Versus
Raghbir Singh – Respondent
JUDGMENT
Manjari Nehru Kaul, J. - The defendant/petitioner is impugning order (Annexure P-5) dated 20.11.2018 passed by learned Addl. Civil Judge (Sr. Division), Gurdaspur and order (Annexure P-7) dated 08.08.2022 passed by learned Addl. District Judge, Gurdaspur, vide which application under Order IX Rule 13 CPC for setting aside ex-parte judgment and decree dated 09.02.2016 was dismissed.
2. Learned counsel inter alia contends that the courts below, while passing the above said impugned orders, failed to appreciate that the petitioner was neither served properly nor was he aware about the pendency of the suit in question. Still further, the petitioner had led ample evidence to substantiate his case of no proper service having been effected, however, it was erroneously ignored by both the Courts below. Learned counsel has urged that the petitioner is an illiterate person, who had been erroneously attributed the knowledge qua the pendency of the suit in question. He urged that it did not appeal to prudence that the petitioner, even though knowing that he had a good case on merits, would intentionally fail to appear and contest the suit in question. It was also contended that it is se
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....
Service of summons on an adult member of a family is valid, and an ex-parte decree should not be set aside solely on the ground of irregularity in service if the defendant had notice of the date of h....
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.
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 importance of satisfying the conditions for setting aside an ex-parte decree and the need for evidence to support claims in legal proceedings.
Proper service of notice is essential for the validity of a judgment, and failure to do so can lead to setting aside an ex-parte decree.
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....
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