Peter Singho v. Wydaman – sllr 1983 volume 2 page 238

In the case between Peter Singho (Plaintiff) and Wydaman (Defendant), the court addressed whether a decree entered ex parte based on substituted service is valid under Section 86(2) of the Civil Procedure Code, and whether a defendant’s denial of proper service brings the challenge within the scope of Section 86(2). The holding determined that a defendant’s challenge to service of summons, including denial of receipt, squarely falls within Section 86(2), and does not exempt the defendant from the consequences of default. This reaffirmed the principle that technical default provisions, even where substituted service is denied, operate uniformly. The decision was informed by statutory interpretation and prior authorities, emphasizing that procedural safeguards under the Code cannot be circum