C B Gaur v. Lalit Dang
Case brief
What is this about?
Allowed the appeal and set aside an ex parte decree rendered after the High Court refused to set aside summons service. The court held that summons were not duly served due to procedural lapses, lack of witnesses, and a direct denial by the defendant on oath, constituting a failure of justice.
What did the court decide?
Set aside the ex parte decree and remanded the case for fresh proceedings after proper service of summons.