Effective service and natural justice require recall of an ex parte decree where substituted notice never reached the party.

Substituted service under the Punjab Land Revenue Act was ineffective where the party had lived abroad for years and the plaintiff knew the correct address, so notice sent to the old village address did not satisfy effective service. The Court held that absence of proper notice amounted to a violation of natural justice, and the authority could set aside the ex parte decree even if the application was brought under the wrong provision. A party may pursue more than one remedy to challenge ex parte proceedings, and lack of opportunity itself constitutes prejudice. The refusal to recall the ex parte decree was therefore unsustainable.

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Issues: Whether the revenue authorities and the High Court were justified in refusing to set aside the ex parte decree and in treating substituted service as sufficient service of notice.

Analysis: The service provisions in the Punjab Land Revenue Act, 1887 had to be applied in a realistic manner, and substituted service could not be treated as effective where the party had been residing abroad for many years and the plaintiff knew the correct position. Service at the old village address, or by means unlikely to reach a person living outside India, did not satisfy the requirement of effective notice. The Court also held that even if the wrong provision was invoked, the authorities and courts had ample jurisdiction to set aside an ex parte order where the absence of notice amounted to a violation of natural justice. A party seeking to challenge an ex parte decree may proceed by more than one remedy, and lack of opportunity itself causes prejudice.

Conclusion: The refusal to set aside the ex parte decree was unsustainable. The appellant was entitled to have the ex parte proceedings set aside for want of effective service and sufficient cause.

Ratio Decidendi: Where notice has not been effectively served and the ex parte order results from suppression or ineffective substituted service, the adjudicating authority has power to recall or set aside the order to prevent violation of natural justice, even if the application is styled under an incorrect provision.

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