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of <h1>High Court refuses to set aside ex parte decree under Order IX, rule 13 CPC; improper service on gumastah.</h1> <h3>Nagary Rasappa Setti Versus Namburi Venkataratnam</h3> Nagary Rasappa Setti Versus Namburi Venkataratnam - TMI The High Court of Madras declined to set aside a decree passed ex parte under Order IX, rule 13 of the Civil Procedure Code. The petitioner was not personally served, and the service relied on was on a person alleged to be his gumastah. The lower Court erred in assuming service on a gumastah was sufficient without further inquiry. The order was set aside, and the lower Court was directed to re-admit the petitioner's petition for full inquiry. Costs will be costs in the cause.
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