Setting Aside Ex Parte Decree -- Irregularity in Service of Summons -- Not a ground where defendant had prior knowledge of proceedings
Civil Procedure Code, 1908, O.9 R.13 -- Setting Aside Ex Parte Decree -- Irregularity in Service of Summons -- Not a ground where defendant had prior knowledge of proceedings. The second proviso to Order IX Rule 13 bars recall of an ex parte decree on mere irregularity in service if the defendant had notice of the suit and opportunity to contest it. Non-examination of the process server or postal official remains a procedural defect and does not by itself vitiate service.
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