SUSHIL KUMAR SABHARWAL vs GURPREET SINGH .

The Supreme Court held that proper service of summons under Order 5 of the Code of Civil Procedure (C.P.C.) is essential for the validity of an ex-parte decree. The Court found that the process server's endorsement of refusal was contradicted by his testimony, which indicated that he did not follow the prescribed procedure for service when the tenant refused to accept the summons. Consequently, the ex-parte decree was set aside, emphasizing the necessity of adhering to procedural requirements for service of summons as outlined in Rules 17 and 18 of Order 5, C.P.C.