https://www.taxtmi.com/caselaws?id=188398 Proper service after refusal under Order 5 Rules 17 and 18 requires a correct endorsement, affixation of the summons at the premises, and credible evidence of tender and refusal. Inconsistencies between the process server's endorsement and testimony, together with the absence of supporting witnesses, undermined proof of due service. The second proviso to Order 9 Rule 13 applies only where the defendant had notice of the hearing date and sufficient time to appear; mere knowledge of the pending suit is insufficient. On these facts, summons was held not duly served and the ex parte decree was liable to be set aside. en-us Tue, 23 Apr 2002 00:00:00 +0530 Thu, 02 Feb 2017 15:52:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=188398 Proper service after refusal under Order 5 Rules 17 and 18 requires a correct endorsement, affixation of the summons at the premises, and credible evidence of tender and refusal. Inconsistencies between the process server's endorsement and testimony, together with the absence of supporting witnesses, undermined proof of due service. The second proviso to Order 9 Rule 13 applies only where the defendant had notice of the hearing date and sufficient time to appear; mere knowledge of the pending suit is insufficient. On these facts, summons was held not duly served and the ex parte decree was liable to be set aside. Case-Laws Indian Laws Tue, 23 Apr 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=188398