Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908 – s. 27 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 – s. 27, Appendix-B r/w. Or.V,r.20(3) and Or. IX, r.13 – Respondent No.1-Plaintiff filed a suit inthe High Court at Calcutta for recovery of money – Summons sentto Appellant-defendant No.1 and Respondents Nos.2 & 3-defendantNos.2 &3 were not served with ordinary mode of service – Plaintiffsought substituted service by way of publication in daily newspapersu/Or.V, r.20 – Permission was granted to plaintiff and summons werepublished in the newspapers – Defendants did not appear in thecase, the Court proceeded to decide the suit on merits in theirabsence and passed an ex-parte decree – Defendants filedapplication u/Or.IX, r.13 for setting aside the ex-parte decree interalia on the grounds that the summons of the suit was not duly servedon them – Application dismissed by the High Court – On appeal,held: Appellant successfully made out a ground contemplatedu/Or.IX, r.13 for setting aside the ex-parte decree – On facts, thesummons which was sought to be served on the defendants bypublication in the newspapers did not comply with requirement ofs.27 r/w. Appendix-B (process) No.I and IA (As amended by theState) – The material infirmity in the summons was that it did notmention any specific day, date, year and time for defendants’appearance in the Court – This (specific day, date, year and timefor appearance) being the requirement of s.27 r/w. Or.V, r.20(3)and process-IA of Appendix-B, it would have enabled the defendantsto appear before the Court on the date so fixed therein – Whereas,the wordings in the summons in question was that the defendantsshould appear before the Registrar of the Court within 15 daysfrom the service of publication of summons without mentioning aspecific day, date, year and time – It is not in conformity with therequirements of s.27 r/w. Appendix B. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 150 |
Petitioner | Auto Cars |
Respondent | Trimurti Cargo Movers Pvt. Ltd. & Ors. |
SCR | [2018] 10 S.C.R. 466 |
Judgement Date | 2018-02-15 |
Case Number | 2113 |
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