Trois Corporation HK (M/s.) Ltd. vs. M/s National Ventures Pvt. Ltd. (SC)

Code of Civil Procedure, 1908–Order 9, Rule 13 & Order 5, Rule 25–Direction of setting aside the ex-parte decree subject to deposit of 75% amount of suit claim–Appellant was residing out of the jurisdiction of High Court and he moved the application for leave to sue which was allowed on 24.01.2020–Before passing the ex-parte decree, the provisions of the OS Rules relating to service of summons on the defendant who resides or carries on business outside the jurisdiction, were not complied with–Impugned order passed by the High Court for setting aside the ex-parte decree imposing the requirement of 75% claim amount was unwarranted–Set aside and appellant is directed to deposit the amount of Rs. two lakhs towards the cost payable to the respondent.