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Whether service of summons on the defendants without mentioning specific details is a valid summon? (30 Second worth Read)

Name of the case - Auto Cars v. Trimurti Cargo Movers Pvt. Ltd. & Ors. AIR 2018 SC 314 : (2018) 3 SCC 104

Date of Judgment – 15 January, 2018

Judges: Justice R.K. Agrawal and  Abhay Manohar Sapre

Subject and sections involved –  Order IX Rule 13 of the Code.

Issue :

  1. Whether service of summons on the defendants without mentioning specific details is a valid summon?

 

Ratio of the case - Service of summons on the defendants without mentioning therein a specific day, date, year and time cannot be held as “summons duly served” on the defendants within the meaning of Order IX Rule 13 of the Code.

The Bench observed in her own words that “Such summons and the service effected pursuant thereto cannot be held to be in conformity with Section 27 read with the statutory format prescribed in Appendix B Process (I and IA) and Order 5 Rule 20(3) of the Code,”.