https://www.taxtmi.com/caselaws?id=458936 Order IX Rule 13 CPC permits setting aside an ex parte decree where summons was not duly served or where sufficient cause prevented appearance. Repeated failures of service by court process and post, together with endorsements showing refusal, insufficient address, change of address and non-existence at the stated address, established ineffective service. The Court further noted suppression of material facts when substituted service and transfer to the undefended list were obtained without full disclosure of the service difficulties and the defendant's change of address. The ex parte decree was therefore set aside, and the suit was restored for filing of the written statement and proceedings in accordance with law. en-us Tue, 30 Aug 2022 00:00:00 +0530 Fri, 22 Nov 2024 19:15:35 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458936 Order IX Rule 13 CPC permits setting aside an ex parte decree where summons was not duly served or where sufficient cause prevented appearance. Repeated failures of service by court process and post, together with endorsements showing refusal, insufficient address, change of address and non-existence at the stated address, established ineffective service. The Court further noted suppression of material facts when substituted service and transfer to the undefended list were obtained without full disclosure of the service difficulties and the defendant's change of address. The ex parte decree was therefore set aside, and the suit was restored for filing of the written statement and proceedings in accordance with law. Case-Laws Indian Laws Tue, 30 Aug 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458936