1931 (6) TMI 4 - HC - Indian Laws

Court upholds decision on ex parte decree in dispute over deceased's funds. Defendant's service claims dismissed.

Hari Pada Dutta Versus Joy Gopal Mukherjee

Hari Pada Dutta Versus Joy Gopal Mukherjee - TMI Issues:1. Setting aside an ex parte decree.2. Proper service of summons.3. Application under Order 9, Rule 13 of the Civil Procedure Code.4. Defendant's conduct in accepting service of summons.5. Refusal to accept service by the Defendant.6. Evidence of service by registered post.7. Interpretation of rules regarding service of summons.Analysis:1. The case involves an appeal against the decision of Mr. Justice Panckridge, who refused to set aside an ex parte decree made in a suit brought by one of the sons of the deceased. The Defendant claimed that the money in question was deposited by the deceased and not by the Plaintiff, leading to a dispute over the funds.2. The Defendant sought to set aside the ex parte decree based on the argument that the summons was not duly served, invoking Order 9, Rule 13 of the Civil Procedure Code. The Defendant's attorney had engaged in correspondence with the Plaintiff's attorney, but the Defendant was not present at his Calcutta residence when attempts were made to serve him.3. The Defendant's application to set aside the decree hinged on the argument that proper service of summons was not effected. The Defendant contended that he did not receive the summons as he was away from Calcutta, and his attorney did not accept service on his behalf. The Defendant claimed that the registered letter containing the summons was refused in his absence.4. The Court scrutinized the Defendant's conduct in accepting service of the summons, highlighting instances where opportunities to accept service were allegedly not utilized by the Defendant or his representatives. The Court found the Defendant's behavior suspicious and indicative of a lack of genuine effort to engage with the legal proceedings.5. The Defendant's refusal to accept service of the summons, both directly and through his family members, raised doubts about the veracity of his claims regarding non-receipt of the summons. The Court emphasized the importance of demonstrating a genuine effort to accept service when challenging the validity of an ex parte decree.6. The evidence of service by registered post played a crucial role in the Court's assessment of whether proper service had been effected. The Court examined the sequence of events surrounding the attempted service of the summons, including the return of the registered letter with an endorsement of refusal.7. The Court interpreted the rules governing service of summons, emphasizing the need for the Defendant to prove that the summons was not tendered to him despite his genuine efforts to accept it. The Court underscored the importance of ensuring that orders for service by registered post are not used to unduly delay legal proceedings.In conclusion, the Court dismissed the appeal, upholding the decision to not set aside the ex parte decree and emphasizing the Defendant's failure to demonstrate that the summons was not duly served.