VidhiSangh

Supreme Court of India · 29/01/2018

M/S NEERJA REALTORS PVT LTD versus JANGLU (DEAD) THR. LR.

[2018] 1 S.C.R. 359 · 2018 INSC 67

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court upheld setting aside an ex parte specific-performance decree because service procedure was defective. The bailiff had not complied with Order V Rule 17, and the trial court mechanically authorized substituted service without recording the required satisfaction. Publication in a newspaper did not answer those antecedent failures. The defendant could challenge the ex parte decree through a first appeal under Section 96, independently of the alternative Order IX Rule 13 remedy, subject to the explained limits on overlapping proceedings.

Issues

  1. Whether mechanical authorization of newspaper service justified proceeding ex parte.
  2. Whether a first appeal could challenge the ex parte decree on that basis.

Provisions considered

Held

Result

Appeal dismissed; High Court’s order setting aside the ex parte specific-performance decree sustained. No costs.

Judgment PDF: Supreme Court of India, [2018] 1 S.C.R. 359.