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MANJARI NEHRU KAUL
Gurdev Singh – Appellant
Versus
Biro – Respondent
JUDGMENT
Manjari Nehru Kaul, J. - The instant revision petition has been filed under Article 227 of the Constitution of India for setting aside of the order dated 18.08.2016 passed by learned Civil Judge (Jr. Divn.), Batala (Annexure P/10) vide which an application filed under Order 9 Rule 13 of the Code of Civil Procedure, 1908 (for short, 'the Code') by the petitioner/defendant No.3 for setting aside judgment and decree dated 11.11.2013 (Annexure P/5) was dismissed by the Trial Court Batala vide Annexure P/10 and the appeal preferred against the aforementioned judgment and decree also met the same fate vide order of the learned Additional District Judge, Gurdaspur (Annexure P/12).
2. Learned counsel appearing for the petitioner contends that the impugned orders are patently erroneous having been passed without appreciating the material on record in the right perspective. Learned counsel for the petitioner submits that while effecting service of summons, the process server neither made any attempt to serve the petitioner personally nor did he record his satisfaction to the effect that there was no likelihood of the petitioner being found at his residence within a reasonable time. He
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....
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....
The legal point established is that the process server's reports must be witnessed, and the court must record satisfaction of 'deemed' service. The petitioner should have been given an opportunity to....
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.
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.
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