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Service Of Summons Without Mentioning Therein Specific Day, Date, Year And Time Can’t Be Held As ‘Summons Duly Served’

The Supreme Court, in Auto Cars v Trimurti Cargo Movers Pvt Ltd & Ors, has held that 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 that the summons issued as paper publication by the high court which required the defendants to appear before the Registrar of the court ‘within 15 days from the service of publication of this summons’ on them, cannot be held as duly served.

 Article referred: http://www.livelaw.in/service-summons-without-mentioning-therein-specific-day-date-year-time-cant-held-summons-duly-served-sc-read-judgment/

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