Karnataka High Court
Civil Procedure and EvidenceCivil Law

A defendant inadequately served may be allowed to contest the suit and file a written statement, subject to costs.

DR. VISHWANATH B A vs SMT. INDUMATHI

Karnataka High CourtJUDGMENT: September 30, 20262 MIN READSOURCE JUDGMENT
A defendant inadequately served may be allowed to contest the suit and file a written statement, subject to costs.. DR. VISHWANATH B A vs SMT. INDUMATHI. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners challenged two orders in O.S. No. 356/2022, a suit for injunction: an order setting aside the order placing the respondent ex parte, and a subsequent order permitting the respondent to file a written statement

Source reference: p.4

The petitioners contended that substituted service by newspaper publication had been effected and that the respondent knew of the suit but applied to participate only when it was listed for judgment

Source reference: p.4–5

The respondent maintained that the address in the plaint and the name in the publication were incorrect, and that the respondent learned of the suit from a relative

Source reference: p.5

The High Court found that the respondent did not reside at the address given in the plaint and that the petitioners had not established that the suit’s pendency had been notified on the suit property

Source reference: p.6
02

Issues

Whether the Trial Court was justified in setting aside the order placing the respondent ex parte.

Source reference: p.4–6

Whether the Trial Court was justified in permitting the respondent to file a written statement, and whether the impugned orders warranted interference under Article 227 of the Constitution.

Source reference: p.6–8
03

Law Applied

The petitions invoked the High Court’s supervisory jurisdiction under Article 227 of the Constitution, challenging orders made in proceedings under Order IX Rule 7 and Section 151 of the Code of Civil Procedure.

Source reference: p.2–3

The Court applied the principles of natural justice and reason

Source reference: no citation
04

Reasoning

The High Court found that the respondent did not reside at the address given in the plaint and that the petitioners had not established that the suit’s pendency had been notified on the suit property.

Source reference: p.6

The respondent maintained that the address in the plaint and the name in the publication were incorrect, and that the respondent learned of the suit from a relative.

Source reference: p.5
05

Holding

A defendant inadequately served may be allowed to contest the suit and file a written statement, subject to costs.

A defendant inadequately served may be allowed to contest the suit and file a written statement, subject to costs.

Source reference: no citation
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Code of Civil Procedure, 19081

Karnataka High Court

Original Court PDF

DR. VISHWANATH B AvsSMT. INDUMATHI

Karnataka High Court · September 30, 2026

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Original judgment, available to read, download and summarize on LawLens.in

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