https://www.taxtmi.com/caselaws?id=306118 Service of notice on a legal representative sought to be impleaded in substitution of a deceased defendant is an essential safeguard, not a mere formality. Where the record did not show effective service and the alleged refusal could not safely be attributed to the heir, the case was treated as one of non-service rather than a minor irregularity. Because the heir's share in the deceased's estate could be affected by execution of the decree, denial of notice and opportunity to contest caused prejudice. The ex parte decree therefore could not be sustained against the heir, and setting it aside was proper. en-us Thu, 08 Feb 2001 00:00:00 +0530 Wed, 11 Jan 2023 12:53:54 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=306118 Service of notice on a legal representative sought to be impleaded in substitution of a deceased defendant is an essential safeguard, not a mere formality. Where the record did not show effective service and the alleged refusal could not safely be attributed to the heir, the case was treated as one of non-service rather than a minor irregularity. Because the heir's share in the deceased's estate could be affected by execution of the decree, denial of notice and opportunity to contest caused prejudice. The ex parte decree therefore could not be sustained against the heir, and setting it aside was proper. Case-Laws Indian Laws Thu, 08 Feb 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=306118