AUTO CARS versus TRIMURTI CARGO MOVERS PVT. LTD. & ORS.

AUTO CARS versus TRIMURTI CARGO MOVERS PVT. LTD. & ORS.

Since summons published lacked specific day, date, year and time for appearance, statutory requirements under Section 27, Appendix B (Process IA) and Order V Rule 20(3) CPC were not met, service could not be considered as 'duly served', making out a ground under Order IX Rule 13 CPC for setting aside ex-parte decree.

Parties
Appellant/defendant No.1: Auto Cars; Respondent No.1/plaintiff: Trimurti Cargo Movers Pvt. Ltd.; Respondent No.2/defendant No.2: Venugopal Dhoot; Respondent No.3/defendant No.3: Raj Kumar Dhoot
Jurisdiction
India
Judgment Date
15 February 2018
Procedural Posture
Civil Appeal No. 2113 of 2018 / Appeal From Dismissal of Application Under Order IX Rule 13 CPC and Affirmation of Ex Parte Decree by High Court at Calcutta
Outcome
Appeal allowed; application under Order IX Rule 13 CPC allowed; ex-parte decree set aside; civil suit restored for trial on merits.
Legal Topics
Service of Summons, Ex Parte Decree, Setting Aside Ex Parte Decree, Substituted Service
Civil Procedure Service of Summons Ex Parte Decree Setting Aside Ex Parte Decree Substituted Service

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Parties

Auto Cars

Appellant/defendant No.1

Trimurti Cargo Movers Pvt. Ltd.

Respondent No.1/plaintiff

Venugopal Dhoot

Respondent No.2/defendant No.2

Raj Kumar Dhoot

Respondent No.3/defendant No.3

Procedural Posture

Civil Appeal No. 2113 of 2018 / Appeal From Dismissal of Application Under Order IX Rule 13 CPC and Affirmation of Ex Parte Decree by High Court at Calcutta

Legal Issues

  1. 1 Whether service of summons by publication without specifying day, date, year, and time complies with Code of Civil Procedure requirements
  2. 2 Whether such service constitutes 'summons duly served' to justify ex-parte proceedings under Order IX Rule 13 CPC

Ratio Decidendi

Since summons published lacked specific day, date, year and time for appearance, statutory requirements under Section 27, Appendix B (Process IA) and Order V Rule 20(3) CPC were not met, service could not be considered as 'duly served', making out a ground under Order IX Rule 13 CPC for setting aside ex-parte decree.

Court Disposition

Appeal allowed; application under Order IX Rule 13 CPC allowed; ex-parte decree set aside; civil suit restored for trial on merits.

Orders

  • Judgments of Single Judge and Division Bench set aside.
  • Appellant’s (defendant No.1) application under Order IX Rule 13 (GA No. 766/2016) allowed.