In Brief
Auto Cars sought to set aside an ex parte decree passed against it for failure to appear in a suit. The defendants contended they were not properly served with the summons, which had been published in newspapers under Order V Rule 20 CPC. The Supreme Court held that the published summons, lacking a specific day, date, year and time for appearance, violated statutory requirements under Section 27 and Appendix-B of the CPC. The Court ruled that such defective summons cannot be treated as 'duly served,' entitling defendants to relief under Order IX Rule 13. The appeal was allowed, the ex parte decree was set aside, and the suit was restored for trial on merits.
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