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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ALKA SARIN
Manoj Kumar – Appellant
Versus
Om Parkash – Respondent
JUDGMENT :
ALKA SARIN, J.
1. The present revision petition has been filed challenging the order dated 24.01.2025 passed by the Trial Court whereby the application under Order IX Rule 13 CPC filed by the defendant-respondent for setting aside the ex parte judgment and decree dated 06.12.2018 was allowed.
2. Brief facts relevant to the present lis are that the plaintiff- petitioner herein filed a suit for recovery of Rs. 5,23,205. The defendant- respondent was proceeded against ex parte vide order dated 09.08.2018 and it was noticed in the said order that despite service none had put in appearance on behalf of the defendant-respondent. Subsequently, ex parte judgment and decree dated 06.12.2018 came to be passed. An application was later on filed by the defendant-respondent under Order IX Rule 13 CPC for setting aside the ex parte judgment and decree dated 06.12.2018 wherein it was stated that though in the report, (which has been appended with the present petition as Annexure P-3), it was stated that since the defendant- respondent refused to accept the summons, copy of the same was affixed on the house of the defendant-respondent, however the same did not mention the name of the vill
Proper service of summons is crucial for ex parte judgments; deficiencies in identification details can invalidate such judgments.
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.
Failure to demonstrate adequate service of summons undermines claims of defendant knowledge in ex parte proceedings, affirming the appellate court's decision to set aside the judgment.
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....
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....
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