Whether Service Of Summons Without Mentioning Specific Day, Date, Year And Time Can Be Held As ‘Summons Duly Served?
that it did not mention any specific day, date, year
and time for the defendants’ appearance in the
Court. This being the requirement of Section 27
read with Order V Rule 20(3) and Process-IA of
Appendix-B, it was mandatory for the Court to
mention the specific working day, date, year and
time in the columns meant for such filling. It would
have enabled the defendants to appear before the
Court on the date so fixed therein. It is a settled
rule of interpretation that when the legislature
provides a particular thing to be done in a
particular manner then such thing has to be done
in the same prescribed manner and in no other
manner.
31) What was, however, mentioned in the
summons in question was that the defendants
should appear before the Registrar of the Court
within 15 days from the service of publication of
this summons on them exclusive of the day of such
service of the summons and are summoned to
appear before this Court in person or through
advocate to answer the plaintiff's claim on the day
the case is set down for hearing upon which date
you(defendants) must be prepared to produce all
your witness and all your documents in your
possession or power upon which you intend to rely
in support of your case. The summons then also
mentioned that you (defendants) are hereby
required to take notice that in default of your
causing an appearance to be so entered, the suit
will be liable to be heard and determined in your
absence.
32) The aforesaid wording in the summons insofar
as it pertains to giving 15 days’ time without
mentioning a specific day, date, year and time is not
in conformity with the requirements of Section 27
read with Appendix B.
33) In the light of the foregoing discussions,
service of summons on the defendants without
mentioning therein a specific day, date, year and
time cannot be held as “summons duly served” on
the defendants within the meaning of Order IX Rule
13 of the Code. In other words, such summons and
the service effected pursuant thereto cannot be held
to be in conformity with Section 27 read with the
statutory format prescribed in Appendix B Process (I
and IA) and Order 5 Rule 20(3) of the Code.
34) It is for this reason, we are of the considered
opinion that the appellant (defendant No.1) was able
to make out a ground contemplated under Order IX
Rule 13 of the Code for setting aside the ex parte
decree.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 2113 OF 2018
(Arising out of S.L.P.(C) No. 14648 of 2017)
Auto Cars Vs Trimurti Cargo Movers Pvt.Ltd. & Ors.
Dated:February 15, 2018
https://www.lawweb.in/2018/02/whether-service-of-summons-without.html
