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ALKA SARIN
Sakattar Singh – Appellant
Versus
Manjit Singh – Respondent
JUDGMENT :
(Alka Sarin, J.) :
The present civil revision petition has been filed under Article 227 of the Constitution of India challenging the impugned order dated 15.02.2017 and order dated 11.03.2019 whereby the application filed by defendant No.1-petitioner under Order 9 Rule 13 of the Code of Civil Procedure, 1908 has been dismissed.
2. The brief facts relevant to the present lis are that in 2002 the plaintiff-respondent No.1 herein filed a suit for possession by way of specific performance of an agreement to sell dated 11.11.1999 against the defendants i.e. petitioner and respondent No.2 – Shamsher Singh (since deceased) in respect of Khasra No.150 min measuring 125 sq. yds. situated in Village Kale Ghanupur Tehsil and District Amritsar on payment of Rs.30,000/- as also for permanent injunction. The suit was decreed ex-parte on 10.01.2007. In 2013 when the plaintiff-respondent No.1 had taken out execution proceedings, the defendant No.1-petitioner filed an application uunder Order 9 Rule 13 CPC for setting aside the ex-parte judgment and decree dated 10.01.2007. The case set-up by the defendant No.1-petitioner was that he never served and infact a wrong address was given in th
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 essential for the validity of court proceedings.
The limitation for filing an application under Order 9, Rule 13 CPC starts from the date of the decree, and failure to provide a valid explanation for delay results in dismissal.
Improper service claims cannot void an ex parte judgment if the defendant had prior knowledge of the proceedings, as judicial efficiency must be upheld.
Setting aside ex-parte decree – Defendant has to show and satisfy that summons of suit was not duly served and that defendant was prevented by sufficient cause from appearing when suit was called upo....
The legal principle established is that for an application under Order 9 Rule 13 CPC, the court must ensure that the defendant was duly served with the summons, and false reports on summons can lead ....
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....
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 court emphasized the liberal construction of 'sufficient cause' for setting aside an ex parte decree and the need to balance the interests of both parties to prevent miscarriage of justice.
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