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HARSIMRAN SINGH SETHI
Jasbir Singh – Appellant
Versus
Amar Singh – Respondent
| Table of Content |
|---|
| 1. application for setting aside ex-parte judgment. (Para 2) |
| 2. petitioner's argument for merit-based dispute resolution. (Para 3) |
| 3. observations on service of notice and conduct of petitioner. (Para 4 , 5 , 6 , 7) |
| 4. dismissal of the civil revision petition. (Para 8) |
Judgment
Mr. Harsimran Singh Sethi, J. :-
CM-2193-CII-2023
1. Application is allowed, as prayed for.
CR-736-2023
2. The present civil revision petition has been filed for setting-aside the order dated 18.10.2021 (Annexure P-2) passed by the learned Civil Judge (Jr. Divn.), Gurdaspur by which the application filed by the petitioner under Order 9 Rule 13 CPC for setting-aside the ex-parte judgment dated 15.03.2017, has been dismissed as well as to the order passed by the lower appellate court dated 12.01.2023 by which the appeal preferred against the said order dated 18.10.2021 has also been dismissed.
3. Learned counsel for the petitioner argues that without appreciating the actual fact that the parties should be allowed to contest the suit and the dispute between them should be decided on merit, the application filed by the petitioner under Order 9 Rule 13 CPC for setting-aside the ex-parte judgment and decree
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.
Proper service of summons is essential for the validity of court proceedings.
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....
The main legal point established in the judgment is that when substantial evidence is available on record, and the Court exercises its powers under Order 17 Rule 2 and Order 17 Rule 3 of CPC, the rem....
Timely filing and valid explanations for delays are crucial in applications to set aside ex parte judgments under Order 9 Rule 13 of the CPC.
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....
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