https://www.taxtmi.com/caselaws?id=304152 Non-service of summons can amount to a special circumstance under Order XXXVII Rule 4 CPC, justifying recall of an ex parte decree where the defendant was not served at the correct address. Substituted service cannot be ordered as a matter of course; the applicant must show that ordinary service failed and that the defendant was deliberately avoiding service. Here, the returned packet marked "intimation and unclaimed" did not by itself prove evasion, and the substituted service order lacked adequate foundation. The ex parte decree was therefore rightly recalled, the execution could not survive, and the suit was restored to proceed in accordance with law. en-us Thu, 23 Jun 2016 00:00:00 +0530 Sat, 10 Sep 2022 07:01:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=304152 Non-service of summons can amount to a special circumstance under Order XXXVII Rule 4 CPC, justifying recall of an ex parte decree where the defendant was not served at the correct address. Substituted service cannot be ordered as a matter of course; the applicant must show that ordinary service failed and that the defendant was deliberately avoiding service. Here, the returned packet marked "intimation and unclaimed" did not by itself prove evasion, and the substituted service order lacked adequate foundation. The ex parte decree was therefore rightly recalled, the execution could not survive, and the suit was restored to proceed in accordance with law. Case-Laws Indian Laws Thu, 23 Jun 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=304152