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ANUPINDER SINGH GREWAL
Rajpal Singh – Appellant
Versus
Harbans Singh – Respondent
JUDGMENT
Anupinder Singh Grewal, J. (Oral)
The petitioner has challenged the order dated 13.12.2021 (Annexure P-2) whereby an application filed by the respondents under Order 9 Rule 13 CPC was allowed while setting aside the ex parte judgment and decree dated 06.11.2015 (Annexure P-3).
2. Learned counsel for the petitioner submits that the defendants/respondents had been served through proper mode of service inasmuch as the publication was also made in the newspaper Chardikala and therefore, the ex parte decree should not have been set aside especially when the application had been preferred by the defendants after three years.
3. Heard.
4. The petitioner/plaintiff had filed a suit against the respondents/defendants, who include his father and sisters to the effect that he is the joint owner in joint possession being coparcener in the land in question. The suit had been decreed ex parte on 06.11.2015 (Annexure P-3). The address of defendant No.1 had been mentioned as village Mangat, Tehsil Dasuya, District Hoshiarpur but it had come on record that he was not residing at that address. He is stated to be residing at village Argowal, Tehsil Dasuya, District Hoshiarpur. The other defend
Setting aside ex-parte decree of divorce – For a defendant to succeed in application for setting aside ex-parte decree, he has to satisfy court that summons was not duly served or that he was prevent....
An ex parte divorce decree can be challenged posthumously by the aggrieved spouse, reaffirming the right to contest divorce and the necessity of proper service in accordance with established legal pr....
The court emphasized the necessity for trial courts to consider the circumstances of defendants, particularly in rural contexts, when evaluating applications to set aside ex parte decrees.
Service upon a family member constitutes valid service, and the question of knowledge and representation must be determined based on evidence.
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