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Report No. 140

4.7. A case from Madhya Pradesh.-

In Madhya Pradesh case,1 an ex parte decree of divorce passed against the wife was sought to be set aside. It appears that there was some dispute as to whether the wife, who had moved to set aside the ex parte decree, had refused to receive service by post at all. The High Court found that, apart from her allegation that she never refused to accept the envelope, there was the additional fact that even if she had actually refused to accept service, it was only after the expiry of the date of hearing. That being so, it could not be said that there was any service of the summons upon her. Hence the ex parte decree was set aside.

1. Shnkuntala v. Devi Prasad Sharma, 1984 HLR 358 (359) (MP).

Need to amend Order V, Rule 19A of the Code of Civil Procedure, 1908 - Relating to Service of Summons by Registered Post with a view to foreclose Back

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