Revision against setting aside an ex parte decree. The trial court found the process server did not comply with Order 5 Rule 11 CPC and was not examined, so service was not due. The High Court found no merit and dismissed the revision petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
2024:PHHC:034474
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
126 CR-1488-2024 (O&M) Date of Decision : 11.03.2024
SURINDER SINGH .... Petitioner
VERSUS
M/S APEX HEALTH CARE SERVICES & ANR. .... Respondents
CORAM : HON’BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Sudhir Paruthi, Advocate for the petitioner. ALKA SARIN, J. (ORAL)
AMAN JAIN 2024.03.11 22:20 I attest to the accuracy and integrity of this judgment/order.
126 CR-1488-2024 (O&M) -2-
identified and in whose presence the copy of the summons was affixed. Pertinently, even the Process Server was not examined by the petitioner herein for reasons best known to him. It was further held that mere nonexamination of the concerned Process Server was sufficient to hold that no due service was effected upon the respondents in the said suit. Even in the review application the service effected upon the respondents therein was not proper as no name and address of the person by whom the house was identified and in whose presence the summons was affixed was mentioned and the defendants were proceeded against ex parte without substituted service through munadi or publication. Learned counsel for the petitioner has not been able to show as to how the procedure had been followed before the defendants were proceeded against ex parte .
(ALKA SARIN)
11.03.2024 (ALKA SARIN) Aman Jain JUDGE
NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO
AMAN JAIN 2024.03.11 22:20 I attest to the accuracy and integrity of this judgment/order.
1 issue framed by the court
Whether the ex parte decree could be set aside given defective service of summons on the respondents.
3 provisions across 1 enactments
Surinder Singh
M/S Apex Health Care Services
Alka Sarin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
