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    <title>1913 (11) TMI 1 - MADRAS HIGH COURT</title>
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    <description>An ex parte decree could not be sustained where personal service was not shown and the alleged service was only on a purported gumastah. The court held that once the defendant showed non-personal service, the party relying on service had to affirmatively prove compliance with Order V Rule 12 or Rule 13 of the Civil Procedure Code. Service on a gumastah, without further inquiry or proof of authority and validity, was insufficient. The order refusing to set aside the ex parte decree was set aside, and the matter was remitted for fresh decision on due service and the validity of the decree.</description>
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    <pubDate>Thu, 13 Nov 1913 00:00:00 +0530</pubDate>
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      <title>1913 (11) TMI 1 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=285943</link>
      <description>An ex parte decree could not be sustained where personal service was not shown and the alleged service was only on a purported gumastah. The court held that once the defendant showed non-personal service, the party relying on service had to affirmatively prove compliance with Order V Rule 12 or Rule 13 of the Civil Procedure Code. Service on a gumastah, without further inquiry or proof of authority and validity, was insufficient. The order refusing to set aside the ex parte decree was set aside, and the matter was remitted for fresh decision on due service and the validity of the decree.</description>
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      <pubDate>Thu, 13 Nov 1913 00:00:00 +0530</pubDate>
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