https://www.taxtmi.com/caselaws?id=285946 An application to set aside an ex parte decree failed because the defendant could not satisfy the Court that summons had not been duly served. Applying Order 9 Rule 13 of the Civil Procedure Code, the Court relied on attempted service, correspondence between the attorneys, and a registered letter returned with an endorsement of refusal to hold that service had been tendered. The defendant's version was found improbable, and the burden of proving non-service remained on him. On the materials before it, the Court saw no reason to differ from the finding below, so the summons was treated as duly served and the decree was not set aside. en-us Mon, 29 Jun 1931 00:00:00 +0530 Tue, 04 Feb 2020 16:35:54 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=285946 An application to set aside an ex parte decree failed because the defendant could not satisfy the Court that summons had not been duly served. Applying Order 9 Rule 13 of the Civil Procedure Code, the Court relied on attempted service, correspondence between the attorneys, and a registered letter returned with an endorsement of refusal to hold that service had been tendered. The defendant's version was found improbable, and the burden of proving non-service remained on him. On the materials before it, the Court saw no reason to differ from the finding below, so the summons was treated as duly served and the decree was not set aside. Case-Laws Indian Laws Mon, 29 Jun 1931 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=285946