Defendant entitled to file an Application to set aside ex parte decree passed against him within 30 days from date of knowledge of decree - Substituted service under Order 5, Rule 20 of the C.P.C. is of no assistance to Plaintiff if Defendant files Application to set aside ex parte decree within 30 days from date of knowledge

Citation

2009 (3) CTC 342 (Mad)

IN THE HIGH COURT OF MADRAS

D. Murugesan and C.S. Karnan, 1).

O.S.A. No.218 of 2006.

April 29, 2009

The Motor & General Finance Limited, Rep. by Its Regional Manager, "continental Chambers", 1st Floor, No.142, Nungar bakkam High Road, Madras-600 034

Vs

S. Durailingam Also Known as S. Duraisingam and Another

Code of Civil Procedure, 1908 (5 of 1908), Order 9, Rule 13-Limitation Act, 1963 (36 of 1963), Article 123-Defendant entitled to file an Application to set aside ex parte decree passed against him within 30 days from date of knowledge of decree when he is able to show that summons or notice were not duly served on him Substituted service under Order 5, Rule 20 of the C.P.C. is of no assistance to Plaintiff if Defendant files Application to set aside ex parte decree within 30 days from date of knowledge