Substituted service effected without following rule 20 of order 5 of CPC, is exception to the normal mode of service and the mere publication can't be deemed to be proper service in law.

Citation

CDJ 2018 SC 048

Neerja Realtors Private limited vs Jangli (died) through LR

Head Note

Code of Civil Procedure – Section 96,Order IX Rule 13 – Specific Performance - Agreement – High Court set aside judgment and order of Trial Court which had decreed suit for specific performance instituted by Appellant, ex-parte -

Court held – right of appeal is not taken away by filing application under Order IX Rule 13 of CPC – But if appeal is dismissed as result of which ex-parte decree merges with order of Appellate Court, petition under Order IX Rule 13 of CPC, would not be maintainable – original Defendant chose remedy of first appeal under Section 96 of CPC and was able to establish before High Court, adequate grounds for setting aside judgment and decree – Appeal dismissed.

(Para 16)

Cases Referred:
Rabindra Singh v Financial Commissioner, Cooperation, Punjab (2008) 7 SCC 663)
Mahesh Yadav v Rajeshwar Singh (2009) 2 SCC 205)
Bhanu Kumar Jain v Archana Kumar (2005) 1 SCC 787)

Comparative Citations:
2018 (1) CTC 662, 2018 (2) AIR(Bom) R 764, 2018 AIR(SC) 753, 2018 (1) ARC 501, 2018 (2) BCR 253, 2018 (2) JT 11, 2018 (1) LAR 214, 2018 (1) Scale 546, 2018 (2) SCC 649, 2018 (1) WLN 91, 2018 (3) LW 334, 2018 (3) MLJ 110, 2018 (189) ALLINDCAS 214, 2018 (2) ALL MR 447, 2018 (130) ALLLR 753, 2018 (4) ALD 33, 2018 (1) ARC 501, 2018 (1) CalHN 189, 2018 (3) CivCC 246, 2018 DNJ 251, 2018 (2) ICivC 1, 2018 (1) JLJR 338, 2018 (1) KLR 389, 2018 (1) MWN(Civil) 511, 2018 (5) MAH.L.J 24, 2018 (3) MPLJ 514, 2018 (2) Pat LJR 18, 2018 (4) PunLR 70, 2018 (5) RCR(Civil) 126, 2019 (142) RD 229, 2018 (2) RAJLW 1621, 2018 (2) SCJ 161, 2018 (2) WBLR 1,

(Full Bench)