https://www.taxtmi.com/caselaws?id=275232 Defective service of summons and denial of a fair opportunity justified setting aside the ex parte order and the refusal to restore participation. The HC held that personal service must ordinarily be attempted where practicable, and substituted service or affixation is valid only when due attempts at personal service fail and the record shows proper procedural compliance. As the process-server and postal reports did not establish reliable tender, service on an adult family member, or the necessary particulars for substituted service, the ex parte proceedings could not stand. Suspected avoidance of service did not outweigh the need to avoid condemning a party unheard, so the appellant was allowed to contest the suit on costs. en-us Fri, 16 Mar 2007 00:00:00 +0530 Mon, 24 Sep 2018 16:19:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=275232 Defective service of summons and denial of a fair opportunity justified setting aside the ex parte order and the refusal to restore participation. The HC held that personal service must ordinarily be attempted where practicable, and substituted service or affixation is valid only when due attempts at personal service fail and the record shows proper procedural compliance. As the process-server and postal reports did not establish reliable tender, service on an adult family member, or the necessary particulars for substituted service, the ex parte proceedings could not stand. Suspected avoidance of service did not outweigh the need to avoid condemning a party unheard, so the appellant was allowed to contest the suit on costs. Case-Laws Indian Laws Fri, 16 Mar 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=275232