https://www.taxtmi.com/caselaws?id=304114 Proper service of summons is essential to sustain an ex parte decree; where the summons was sent to an incorrect flat address within the same housing society, a return of "unclaimed" did not prove due service. A decree against a defendant who never appeared is treated as one passed in ex parte proceedings under Order 9 Rule 6 CPC, not under Order 8 Rule 10 CPC merely because no written statement was filed. On that basis, an ex parte decree founded on non-service could be set aside under Order 9 Rule 13 CPC, and the suit was restored for decision on merits. en-us Tue, 20 Dec 2011 00:00:00 +0530 Thu, 08 Sep 2022 15:59:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=304114 Proper service of summons is essential to sustain an ex parte decree; where the summons was sent to an incorrect flat address within the same housing society, a return of "unclaimed" did not prove due service. A decree against a defendant who never appeared is treated as one passed in ex parte proceedings under Order 9 Rule 6 CPC, not under Order 8 Rule 10 CPC merely because no written statement was filed. On that basis, an ex parte decree founded on non-service could be set aside under Order 9 Rule 13 CPC, and the suit was restored for decision on merits. Case-Laws Indian Laws Tue, 20 Dec 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=304114