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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