Appellants Directed to Plant Trees as a Condition for Setting Aside the Judgment
In a significant judgment, the Rajasthan High Court, Jaipur Bench, under Justice Anoop Kumar Dhand, has set aside an ex-parte judgment and decree due to improper service of summons. The judgment, delivered on January 19, 2026, in the case of Devkrishna v. Kaluram, highlights the necessity for courts to adhere to procedural mandates concerning service of summons, thereby ensuring justice is not denied due to technical lapses.
The appellants, Devkrishna and others, challenged the order of the Additional District Judge No.4, Jaipur, which had dismissed their application under Order 9, Rule 13 of the Civil Procedure Code (CPC) to set aside an ex-parte decree dated December 23, 2011. The suit involved the cancellation of a registered sale deed, which the plaintiffs-respondents claimed was improperly executed.
The appellants contended that the process server's report, which led to the ex-parte decree, was unreliable as the witnesses to the notice refusal were not residents of the area, raising doubts about their presence during the alleged service. Furthermore, the trial court had failed to examine the process server and the witnesses, a mandatory requirement under Order V, Rules 17 and 19 of the CPC, which aim to validate the service of summons.
Justice Anoop Kumar Dhand emphasized that the procedural rules are designed to uphold the principles of natural justice, ensuring parties are not deprived of their right to participate in legal proceedings. The court found that the reasons for the delay in filing the application to set aside the decree were adequately explained, warranting the quashing of the impugned order and the ex-parte decree.
In a novel directive, the court imposed conditions on the appellants for allowing their appeal. These include the payment of Rs. 25,000 as compensation to the respondents and the planting of 25 shade-bearing trees in public areas. The court underscored the public interest served by such environmental measures, contributing to the community's health and well-being.
The case has been remitted to the trial court for fresh adjudication, with instructions to expedite the proceedings given the age of the suit. The trial court has been urged to avoid unnecessary adjournments and resolve the matter based on evidence from both parties.
This decision not only addresses procedural lapses but also highlights the judiciary's role in promoting environmental conservation, setting a precedent for integrating public interest obligations within judicial outcomes.
Bottom Line:
Setting aside ex-parte judgment and decree due to improper service of summons - Duty of the court to examine the process server and witnesses when summons were refused - Conditions imposed for allowing the appeal include payment of compensation, planting of trees, and ensuring their care.
Statutory provision(s): Order V Rules 17 and 19 CPC, Order 9, Rule 13 CPC
Devkrishna v. Kaluram, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2848972
