https://www.taxtmi.com/caselaws?id=279671 Refusal of registered summons, followed by affixation and substituted service by publication, raises a rebuttable presumption of due service, and that presumption can be displaced only by reliable evidence. On the facts described, allegations of fraud and collusion were unsupported, so no sufficient cause was shown to set aside the ex parte decree under Order IX Rule 13 CPC. The first appellate court must independently examine the trial court's material findings and give reasons for disagreement under Order XLI Rule 31 CPC; a cryptic reversal without addressing service, limitation, and sufficient cause was inadequate and unsustainable. The ex parte decree was restored and the application remained rejected. en-us Tue, 08 Feb 2011 00:00:00 +0530 Tue, 10 Oct 2023 17:43:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=279671 Refusal of registered summons, followed by affixation and substituted service by publication, raises a rebuttable presumption of due service, and that presumption can be displaced only by reliable evidence. On the facts described, allegations of fraud and collusion were unsupported, so no sufficient cause was shown to set aside the ex parte decree under Order IX Rule 13 CPC. The first appellate court must independently examine the trial court's material findings and give reasons for disagreement under Order XLI Rule 31 CPC; a cryptic reversal without addressing service, limitation, and sufficient cause was inadequate and unsustainable. The ex parte decree was restored and the application remained rejected. Case-Laws Indian Laws Tue, 08 Feb 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=279671