Friday, September 2, 2022

An Ex-Parte Decree Obtained By Suppressing Fact Of Non-Service Of Summons On Defendant Would Be Vitiated By Fraud: Calcutta HC

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The Calcutta High Court has held that an ex-parte decree which is obtained by suppression of the fact of non-service on the defendant would be vitiated by fraud.

The Bench of Justice Shekhar B. Saraf set aside an ex-parte decree under Order IX Rule 13 CPC on the ground that the defendant could not be served with a notice of original plaint, the amended plaint, and the writ of summons of the amended plaint as it was not present in the address mentioned in the plaint and the service.

The Court further held that a suit cannot be transferred to the category of 'Undefended Suit' when the defendant was never served with the notice of the suit.

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