RAJNI KUMAR vs SURESH KUMAR MALHOTRA

The Supreme Court held that the High Court erred in dismissing the appellant's application under Rule 4 of Order 37 of the Code of Civil Procedure (C.P.C.) to set aside an ex parte decree. The Court emphasized that the appellant had not been properly served with summons, as there was no proof of notice being sent by registered post, which constituted a special circumstance justifying the setting aside of the decree. The Court allowed the appeal, thereby enabling the appellant to defend the suit.