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ALKA SARIN
Sunita Rani – Appellant
Versus
Davinder Kumar – Respondent
| Table of Content |
|---|
| 1. revision petition filed under article 227 (Para 1) |
| 2. petitioner's argument on service of summons (Para 2 , 5) |
| 3. respondent's contention on service rules (Para 3 , 7) |
| 4. court's dismissal of the revision petition (Para 4 , 8) |
| 5. procedure for service under order v rule 17 (Para 6) |
Judgment
Mrs. Alka Sarin, J.
The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dated 23.07.2019 whereby the application filed by respondent No.1 herein under Order IX Rule 13 read with Section 151 CPC for setting aside the ex-parte eviction order dated 31.05.2012 has been allowed.
2. Learned counsel for the petitioner would contend that the respondent No.1 was duly served inasmuch as the service was affected through his mother. However, she refused to accept the summons and hence it would be deemed service inasmuch as respondent No.1 would be deemed to have knowledge of the case. Learned counsel for the petitioner further contends that the possession has already been taken by the landlord on 07.11.2014.
3. Per contra, learned counsel for the respondents has referred to Order V Rule 17 CPC to contend that in case the party on whom
Proper service of summons is crucial for ex parte judgments; deficiencies in identification details can invalidate such judgments.
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.
The application under Order 9 Rule 13 CPC was maintainable on behalf of the minors, as the defendant-respondents were not properly served with the summons.
Proper service of summons is essential for the validity of court proceedings.
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.
The main legal point established in the judgment is the significance of proper service of summons as per the requirements of Order V Rule 17 of the Code of Civil Procedure.
The central legal point established is the requirement for proper adjudication and compliance with legal procedures, particularly in cases involving service of summons and awareness of legal proceedi....
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