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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
DEEPAK KHOT
Farrukh Jahan Begam (Dead) Through Lrs. Syed Mohammad Ali – Appellant
Versus
Mohd. Mahfooz – Respondent
ORDER :
The present Misc. Appeal has been filed under Order 43 Rule (1)(i) (d) of the Code of Civil Procedure, 1908 (for brevity ‘CPC’) against the order dated 04.02.2017 passed in MJC No.431/2009 by 14th Additional District Judge, Bhopal; whereby, appellants’ application under Order 9 Rule 13 CPC for setting aside ex-parte judgment and decree dated 28.06.2007 passed in Civil Suit No.517-A/2006 has been dismissed.
2. The short facts giving rise to the present appeal are that the respondent/plaintiff filed a suit for specific performance and permanent injunction in regard to land in question bearing survey No.109, details of which are mentioned in paragraph 01 of the judgment dated 28.06.2007 passed in original Civil Suit No.517-A/2006.
3. The suit was filed on the basis of a sale agreement dated 12.10.1999 (Exhibit-P/2) and a receipt dated 20.06.2002 executed by one Smt. Rais Jahan. It is averred in the plaint that the agreement was executed by Smt. Rais Jahan which was acknowledged by her legal representatives namely Iqbal Mohd., Sikander Mohd., Iftikhar Mohd., Farid Mohd., Farrukh Jahan, Mahar Parwar Jahan, Shah Parawar Jahan and Taj Parwar Jahan and given consent by making signatur
Order V Rule 19 of CPC, mandates that before declaring fact that summons have been duly served, it was obligatory for this Court to examine Process Server, on oath, as requisite affidavit has not bee....
The court emphasized the sanctity of judicial records and the importance of upholding evidence of service of summons unless malafide intent is shown.
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 court emphasized the necessity of adhering to procedural rules under the Code of Civil Procedure to ensure that ex-parte decrees are justly administered and not issued without proper evidence of ....
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 service of notice to any adult family member, including a female, is valid despite local amendments restricting it to male members, thus upholding the decree passed. Refusal to appear without suf....
The absence of clear evidence of service of summons necessitates setting aside an ex parte decree, emphasizing the right to due process and the opportunity to contest claims.
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