MST. BHABIA DEVI versus PERMANAND PD. YADAV

MST. BHABIA DEVI versus PERMANAND PD. YADAV

The Supreme Court affirmed the finding of fact that the petitioner had refused to accept the notice; accordingly, the ex parte decree was validly awarded and grounds for setting it aside did not exist.

Parties
Petitioner: Mst. Bhabia Devi; Respondent: Permanand Pd. Yadav
Jurisdiction
India
Judgment Date
24 February 1997
Procedural Posture
Special Leave Petition (civil) / Supreme Court Order on Special Leave Petition
Outcome
Special leave petition dismissed
Legal Topics
Ex Parte Decree, Service of Notice, Setting Aside Ex Parte Decree, Specific Performance
Civil Procedure Ex Parte Decree Service of Notice Setting Aside Ex Parte Decree Specific Performance

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Parties

Mst. Bhabia Devi

Petitioner

Permanand Pd. Yadav

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Order on Special Leave Petition

Legal Issues

  1. 1 Whether service of notice on the defendant was valid for ex parte decree under Order IX Rule 13 of the Code of Civil Procedure, 1908
  2. 2 Whether refusal to accept notice and Gazette publication are sufficient modes of service

Ratio Decidendi

The Supreme Court affirmed the finding of fact that the petitioner had refused to accept the notice; accordingly, the ex parte decree was validly awarded and grounds for setting it aside did not exist.

Court Disposition

Special leave petition dismissed

Orders

  • Petition dismissed