SILIGURI MUNICIPAL CORPN vs KRISHNA BAHADUR CHHETRI . — C.A. No. 3679/2012
Case under Section XVI. Status: Disposed.
CNR: SCIN010197852011
Filing Date
04-Jul-2011
Registration No
C.A. No. 3679/2012
Diary Number
19785/2011
Order Date
20-Apr-2012
Document Type
ROP - of Main Case
Disposal Type
Allowed
Last updated 06-Jul-2026
Acts & Sections
Petitioner(s)
-
1.SILIGURI MUNICIPAL CORPN
Adv. T. V. GEORGE
Respondent(s)
-
1.KRISHNA BAHADUR CHHETRI .
Adv. KUNAL CHATTERJI
Case History
Summary: Siliguri Municipal Corporation v. Krishna Bahadur Chhetri (C.A. No. 003679/2012) The Supreme Court allowed the appeal and set aside the High Court's order dated March 28, 2011. The court held that the defendant (Siliguri Municipal Corporation) was never properly served with the suit summons in accordance with the Code of Civil Procedure—mere service of a temporary injunction notice did not constitute proper service. Critically, the court distinguished between knowledge of suit institution versus knowledge of hearing date; only the latter is relevant to set aside ex-parte decrees. The Trial Court's July 31, 2006 order, which had set aside the ex-parte decree, was restored. The Trial Court was directed to conclude the suit expeditiously with no order as to costs. This case analysis is maintained by casestatus.in based on publicly available court records.
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