Service Of Summons Not Complete If Accepted By “Alleged Wife” Of Party Summoned

Case: Shamrao Piraji Kadam v Prakash Shivaji Chavan and ors

Corum: Miling N. Jadhav

Case No.: Writ Petition No. 4010 Of 2022

Court Observation: “The learned Appellate Court has failed to look into and consider the reason that Respondent No. 3 whom the Petitioner denies knowing has been put up as the wife of the Petitioner by the Respondent Nos. 1 and 2 and she has been served on behalf of both of them and on the strength of this service the ex parte decree has been passed. These are very strong and significant grounds which have not been dealt with or reasoned by the learned Appellate Court while passing the impugned order. In so far as the issue of reasonable cause for condoning delay is concerned, there is apparent consistency in the case made out by the Petitioner.”

“another important aspect of the service of the summons is that the same was accepted by Respondent No.3 on behalf of the Petitioner. Hence there was want of knowledge on the part of the Petitioner about the suit proceedings as well as the ex parte decree resulting in the delay.”

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