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ANIL KSHETARPAL
Daljit Singh (since deceased) through his LRs – Appellant
Versus
Mohinder Singh – Respondent
JUDGMENT :
ANIL KSHETARPAL, J.
1. The first appellate court has set aside the ex-parte decree and ordered decision of the suit afresh. The correctness of the aforesaid order has been challenged in this revision petition.
2. It has been found that the defendants(respondents herein) were not properly served with the notices of the suit. On appreciation of the record, the first appellate court has recorded the following findings:-
Proper service of summons is essential for the validity of court proceedings; failure to comply with service requirements can lead to the setting aside of ex-parte decrees.
The Court emphasized the importance of due consideration in ordering substituted service and the need for clear knowledge of the particular decree sought to be set aside.
Substituted service of summons through publication is only permissible when proper procedures are followed; failure to do so invalidates ex-parte judgments.
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....
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 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.
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....
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