Chhattisgarh High Court Upholds Trial Court’s Finding of Valid Service, Dismisses Appeal in 37-Year-Old Civil Suit Under Order 9 Rule 13 of CPC: “Appellants Already Participating in Ongoing Trial, Expedited Resolution Commanded”

Court’s Decision:

The Chhattisgarh High Court dismissed the appeal challenging the order of the I Additional District Judge, Jagdalpur, which had rejected an application filed under Order 9 Rule 13 of the CPC. The court upheld the finding that the appellants (legal representatives of defendant Nos. 4 to 6) were duly served in the civil appeal proceedings through registered post, as established by the trial court.

Facts:

The original civil suit was filed by the plaintiffs on August 26, 1987, in which issues were framed, including whether the suit was maintainable against defendant Nos. 4 to 6, members of aboriginal tribes, without obtaining prior permission from the Collector. The trial court held that the suit was not maintainable against these defendants. The plaintiffs then appealed, and on August 16, 1999, the appellate court allowed the appeal, holding that the suit was maintainable against the defendants. Subsequently, the appellants filed an application under Order 9 Rule 13 of the CPC to set aside the appellate court’s decision, but their application was dismissed, prompting the present appeal.

Issues:

The main issue was whether the appellants were properly served in the original civil appeal proceedings, thus justifying the dismissal of their application under Order 9 Rule 13 of the CPC.

Petitioner’s Arguments:

The appellants argued that the appellate court erred in rejecting their application by finding that they were duly served. They contended that the order was based on a perverse reading of the record.

Respondent’s Arguments:

The respondents supported the impugned order, asserting that the appellants were properly served through registered post and that the trial court’s findings were accurate.

Analysis of the Law:

The court analyzed the provisions under Order 9 Rule 13 of the CPC, which allows for setting aside an ex parte decree if a party was not duly served. The court referred to the Supreme Court decisions in Attabira Regulated Market Committee v. Ganesh Rice Mills and Madan & Co. v. Wazir Jaivir Chand, to emphasize that service through registered post is considered valid service under the law.

Precedent Analysis:

The court relied on precedents that establish registered post service as a sufficient method to satisfy the requirement of due service. This was key in upholding the appellate court’s decision, which found that the appellants were served at their registered addresses.

Court’s Reasoning:

The court reasoned that the findings of the trial court regarding service were correct and based on material evidence. The appellants were deemed to have been duly served, and their contention to the contrary lacked merit. The court also noted that the civil suit had been pending for over 37 years and that the appellants were already participating in the ongoing trial.

Conclusion:

The appeal was dismissed, and the court directed the trial court to expedite the conclusion of the civil suit, which had been pending since 1987.

Implications:

This judgment reinforces the principle that service through registered post is a valid form of service under Indian civil procedure law. It also highlights the judiciary’s intent to prevent undue delays in litigation, particularly in cases where decades have passed without resolution.

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