Supreme Court · 2002 INSC 220 · Decided 23 April 2002
Sushil Kumar Sabharwal v. Gurpreet Singh and ORS.
- Court
- Supreme Court of India
- Citation
- 2002 INSC 220 · [2002] 3 S.C.R. 352
- Case number
- CIVIL APPEAL No. 5111/2000
- Decided
- 23 April 2002
- Bench
- R.C. LAHOTI, B.N. AGRAWAL (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 9
Headnote
Code of Civil Procedure, 1908: Order 9, Rule 13, second proviso-Suit for recovery of arrears of rent C and for eviction of tenant-Ex-Parte decree-Application for setting aside ex­ parte decree-Tenant stating on oath that no summons was tendered to him­ Process server stating that he case of oath against oath-Oath of tenant was more weighty than that of process server- D Besides, procedure of service as laid down in Order 5, Rules 17 and 18 not followed-It is not a case of mere irregularity in service of summons, but a case of non-service of summons-Landlord's contention that
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