INDU BHUSHAN versus MUNNU LAL AND ANR.

INDU BHUSHAN versus MUNNU LAL AND ANR.

There was valid service of notice through process servers as per provisions of the Code of Civil Procedure. No material was placed before courts to show that endorsements made by process servers were false or erroneous. Findings of courts below do not suffer from any infirmity to warrant interference.

Parties
Appellant: Indu Bhushan; Respondent No.1: Munnu Lal; Respondent No.2: Respondent no.2
Jurisdiction
India
Judgment Date
02 February 2007
Procedural Posture
Civil Appeal / Final Disposition by Supreme Court
Outcome
appeal dismissed
Legal Topics
Service of Notice, Specific Performance, Appeal Procedure
Civil Procedure Service of Notice Specific Performance Appeal Procedure

Case Brief

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Parties

Indu Bhushan

Appellant

Munnu Lal

Respondent No.1

Respondent no.2

Respondent No.2

Procedural Posture

Civil Appeal / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether service of notice of appeal through process server was valid and sufficient under the Code of Civil Procedure, 1908.
  2. 2 Whether the findings of the courts below regarding service of notice and dismissal of appeal warrant interference.

Ratio Decidendi

There was valid service of notice through process servers as per provisions of the Code of Civil Procedure. No material was placed before courts to show that endorsements made by process servers were false or erroneous. Findings of courts below do not suffer from any infirmity to warrant interference.

Court Disposition

appeal dismissed

Orders

  • The appeal fails and is dismissed.
  • There will be no order as to costs.