Represented the Defendant in xyz v. xyz, before the Rohini Courts, where the Hon’ble Court allowed our application under Order IX Rule 13 CPC and set aside the ex parte decree dated 09.05.2024. The matter raised critical issues surrounding valid service of summons and the right to fair hearing.
It was argued on behalf of the Defendant that summons were never duly served, as the plaintiff had deliberately mentioned an incorrect office address—fully aware that the premises was locked and unoccupied—thereby preventing the Defendant from participating in the proceedings. The Defendant only became aware of the case at the stage of execution, prompting immediate legal recourse.
We further highlighted material inconsistencies and disputed questions of fact, including issues relating to ownership and non-impleadment of necessary parties, which warranted a full-fledged trial.
The Hon’ble Court, after examining the record and the mandate of Order IX Rule 13