M/S. NAHAR ENTERPRISES vs M/S. HYDERABAD ALLWYN LTD.

The Supreme Court held that the provisions of Order 5 Rule 2 of the Code of Civil Procedure (CPC) mandate that every summons must be accompanied by a copy of the plaint. The Court found that the lower courts erred in dismissing the appellant's application to set aside the ex-parte decree, as the summons was served after the appearance date, necessitating a fresh summons. The Court ruled that the ex-parte decree was set aside due to procedural irregularities, emphasizing the importance of adhering to the CPC requirements.