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DEVAN M. DESAI
LH of Lt. Lalitaben Rasiklal Gandhi – Appellant
Versus
LH of Thakorbhai Ishwarbhai Patel – Respondent
ORDER
Heard learned advocate Mr. Rajan J. Patel for appellants and learned advocate Mr. Rohan N. Majmudar for learned advocate Mr. N.K. Majmudar for respondent Nos. 1 and 1.2.
2. Upon the consent and request of learned advocates appearing for the respective parties, this matter is taken up for final hearing.
3. By way of this Appeal from Order, the appellants have challenged the order dated 04.12.2023 passed by the learned Auxiliary Chamber Judge, City Civil Court, Ahmedabad in Civil Miscellaneous Application No. 839 of 2022, whereby an application under Order 9 Rule 13 read with Section 151 of the Code of Civil Procedure filed by the present appellants.
4. The brief facts leading to this Appeal from Order are as under:
4.1 The deceased respondent No. 1-Thakorbhai Ishwarbhai Patel filed Miscellaneous Civil Suit No. 4170 of 2022 against the respondent Nos. 2 to 5 and the deceased appellant-Lalitaben Rasiklal Gandhi. The said suit came to be decreed on 21.04.2018. Thereafter, the Execution Petition No. 237 of 2021 came to be filed and the decree of possession was executed on 26.08.2022. Thereafter, the appellants herein filed Civil Miscellaneous Application No. 839 of 2022 and a Civi
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 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.
Proper service of summons must adhere to the provisions of the CPC, and a party cannot benefit from their own negligence in failing to provide accurate contact information, which affects the validity....
The central legal point established is the requirement for proper adjudication and compliance with legal procedures, particularly in cases involving service of summons and awareness of legal proceedi....
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.
Section 27 gives rise to a presumption that service of notice has been effected when it is sent to correct address by registered post.
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.
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