Supreme Court · 2007 INSC 124 · Decided 9 February 2007

M/S Nahar Enterprises v. M/S Hyderabad Allwyn LTD. and ANR.

Court
Supreme Court of India
Citation
2007 INSC 124 · [2007] 2 S.C.R. 413
Case number
CIVIL APPEAL No. 714/2007
Decided
9 February 2007
Bench
S.B. SINHA, MARKANDEY KATJU (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC; Limitation Act Section 123

Headnote

B Code of Civil Procedure, 1908: -i Or. 5,r.2-Service of summons on defendant-When a summons is sent c ,, to defendant to appear in court and to file a written statement, it is obligatory on Court to send along with it a copy of plaint and other documents appended thereto. Or. 9, r.6(J)(c)-Summons plaintiff to take steps for fresh summons. D -1 Or. 9, r.13-Application for setting aside ex-parte decree-Limitation- t Held, summons having not been duly served in terms of Or. 5, r.2 or provisions .; ' of Or.9, r.6(J)(c) having not been complied with, second part of Article 123 of Schedule to

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