M/S. Golden Earth Groves Ltd. vs M/S. Ion Exhange Enviro Farms Ltd.

The Supreme Court held that the Execution Court failed to ensure proper service of summons to the appellant-judgment debtor, as the summons was returned indicating the appellant was not residing at the given address. The Court emphasized that without effective service, the Execution Court should have issued a fresh notice instead of proceeding with the auction of the property. Consequently, the High Court's order was set aside, and Execution Petition No. 267/2005 was restored for a fresh hearing, reaffirming the principle of fair hearing under Order 21 Rule 106 CPC.