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The High Court set aside the lower courts’ decisions after finding the primary court proceedings were a nullity because some defendants were not properly heard.
The Plaintiff demonstrated sufficient grounds for withdrawal under Order XXIII Rule 1(2)(b) of the Civil Procedure Code. The failure to effect service within the time directed does not override the Plaintiff's right to withdraw the suit in the peculiar circumstances of this case. The application to strike out the suit is overtaken by events and lacks merit in light of the Plaintiff’s prior and substantiated prayer.
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The High Court dismissed a second civil appeal, holding that summons had been properly served and the appellant had knowledge of the suit before the ex-parte judgment.
The Tribunal failed to properly examine the issue of illegality regarding service of summons and the Appellant's relocation and advocate's death, which constituted sufficient grounds for extension of time to set aside the ex-parte judgment. The Appellant is entitled to benefit of doubt and extension of time.
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The High Court set aside an ex parte order after finding that service of summons was not properly proved under Order V Rule 27 of the Civil Procedure Code.
Failure to properly serve the applicants with summons and failure to notify them of the date of ex-parte judgment constituted serious procedural irregularities and violations of the right to be heard, rendering the ex-parte judgment and proceedings void.
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The High Court dismissed a land appeal against refusal to extend time to challenge an ex parte judgment, holding the Tribunal properly assessed the record.
Absence of proof of service by the process server in the tribunal records is sufficient to set aside the exparte judgment; service by publication was premature as other modes of service were not exhausted; there was no service known in law.
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The High Court granted an application for extension of time to challenge an ex parte land judgment, finding that lack of summons service amounted to sufficient reason.
The DLHT proceeded ex parte without proof of proper service of summons on the appellants, violating their right to be heard and breaching principles of natural justice; thus, the proceedings and ex parte judgment are nullified.
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