Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ---O. IX, R. 13 & O. V, Rr. 19 & 20---Ex-parte decree, setting aside of---Limitation---Substituted service---Scope---Void order---Limitation---Applicant filed application for setting aside of ex-parte decree which was dismissed being time barred---Contention of applicant was that address given in the plaint was wrong due to which he could not be served and ex-parte decree was passed against him---Validity---No effort was made by the Trial Court to effect service of summons after obtaining correct address of defendants---Provisions of O. V, C.P.C. were bypassed before summoning the defendants through substituted service by publication---Trial Court without recording statement of process server had invoked the provisions of O. V, R. 20, C.P.C. which was an irregularity---Ex-parte proceedings and decree, in circumstances, were against law and void ab initio as no notice/summons was issued and served on correct address and through affixation---Whole edifice built on such void order was bound to crumble down---Limitation would not run against void order rather same could be ignored and might not be allowed to stand there-against---Trial Court had mis-read and non-read the record with regard to service of summons and committed an illegality while rendering the impugned order---Applicant did not appear due to wrong address given by the plaintiff---Publication in newspapers could not be termed as "valid service" when debtor-applicant was rustic villager and educated only up to 8th Class and belonged to far-flung area---Plaintiff, in order to seek relief from the court must have furnished proper and correct address of the party against whom he sought such relief---Applicant could not be considered to be well conversant with regard to the newspaper in which publication was issued---Trial Court had not properly appreciated the law on the subject while dismissing the application for setting aside of an ex-parte decree---Whole proceedings with regard to service of summons, ex-parte proceedings and ex-parte decree were declared as void ab initio and were set aside---Case was remanded to the Trial Court for decision afresh with…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492