Setting Aside Ex Parte Proceedings -- Service by Affixation Alone Without Sending Notice by Registered Post -- Ex parte proceedings set aside for want of proper service
Civil Procedure Code, 1908, O.9 R.7 -- Setting Aside Ex Parte Proceedings -- Service by Affixation Alone Without Sending Notice by Registered Post -- Where a defendant is not found present at the spot and service is effected only by affixation of summons and copy of plaint at the door of his house, the court is duty bound to attempt personal service and, upon such difficulty, to simultaneously send notice through registered post, rather than proceeding ex parte merely on the basis of a report of affixation. Ex parte proceedings initiated without such simultaneous notice are liable to be set aside.
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