Restoration
Court shall not set aside the ex parte decree on mere irregularity in the service of summons in a case where the defendant otherwise, had notice of the date of hearing and sufficient time to appear in the court.
An ex parte decree against a defendant has to be set aside if the party satisfies the court that summons had not been duly served or he was prevented by sufficient cause from appearing when the suit was called on for hearing.
However, the court shall not set aside the said decree on mere irregularity in the service of summons or in a case where the defendant had notice of the date and sufficient time to appear in the court.
Parimal Vs. Veena @ Bharti, MANU/SC/0105/2011 : (2011) 3 SCC 345.
Relied in
Seema Devi vs. Shree Ranjit Kumar Bhagat (21.04.2023 – DELHC) : MANU/DE/2585/2023