Defendant Who Refused Summons Not Entitled To Seek Setting Aside Of Ex-Parte Decree.

Order IX Rule 13 CPC : Supreme Court Holds Defendant Who Refused Summons Not Entitled To Seek Setting Aside Of Ex-Parte Decree

[Case: Vishwabandhu v. Sri Krishna and another; Citation: LL 2021 SC 517]

The Supreme Court set aside a judgment of the High Court, which had allowed the setting aside of an ex-parte decree under Order IX Rule 13 of the Code of Civil Procedure. The bench comprising Justices Uday Umesh Lalit and S Ravindra Bhat noted that Sub-Rule (5) of Order V Rule 9 of the Code states inter alia that if the defendant or his agent had refused to take delivery of the postal article containing the summons, the court issuing the summons shall declare that the summons had been duly served on the defendant.