C.P.C

poonam mathur (Querist) 25 August 2009 This query is : Resolved
WHETHER OBJECTIONS REGARDING IMPROPER SERVICE CAN BE RAISED BEFORE FIRST APPELLATE COURT IN THE APPEAL UNDER SECTION 96(2) OF C.P.C AGAINST EXPARTE DECREE
IF YES THEN UNDER WHAT CIRCUMSTANCES

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PALNITKAR V.V. (Expert) 25 August 2009
That should be a good ground for setting aside the ex parte decree. If the service is not proper as required by law, how a decree can be passed? For example, 'A' does not reside in building 'B' and if the summons is served by pasting it on the some part of that building how 'A' is supposed to know about the summons? There can be other such circumstances which makes the service improper.But if A appears in the court despite such faulty service but fails to appear and contest the suit on subsequent dates and ex parte decree is passed, then he can not complain of improper service.

vinjamuri ranga babu (Expert) 25 August 2009
hi,'
certainly it is good ground for you to defend in the appellate court. all the best
vr

Arul Kumar (Expert) 26 August 2009
I Agree with Palnitkarji.

Somnath mukherjee (Expert) 26 August 2009
If the service is not proper then you can file an application u/o9r13 in the same court.

Y V Vishweshwar Rao (Expert) 27 August 2009
you can file Appeal agaisnt the Decree and You can also file Petition to Set aside the expatre Decree on the Ground that there is no Service of Summons and you hve no knowledge of the Suit proceedings and Date of hearings .

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