Ex Parte Decree Cannot Be Set Aside Merely Due to Irregularity in Service If Defendant Had Notice and Opportunity to Appear: Jharkhand High Court

The Jharkhand High Court has ruled that an ex parte decree cannot be set aside under Order IX Rule 13 CPC merely because a party alleges irregularity in service of summons. The Court held that when defendants have knowledge of the proceedings and sufficient opportunity to appear before the court, the decree cannot be disturbed on technical grounds. Property Dispute The matter arose from a land dispute involving 10 decimals…