#Conditional Order

A Delhi High Court ruled that serving summons through a process server at the defendant’s registered office satisfies CPC requirements, overturning an ex-parte decree. The court granted the defendant a conditional order to file its defence within a stipulated period, underscoring that proper service can revive a litigant’s right to contest a suit.

The Himachal Pradesh High Court has ruled that a Magistrate cannot convert a conditional order under Section 133 CrPC - directing removal of tree branches - into an absolute order mandating tree removal without issuing a fresh notice and opportunity to be heard. This reinforces that procedural fairness under criminal procedure is not a formality but a constitutional imperative, protecting property rights against arbitrary state action.

The Andhra Pradesh High Court ruled that genuine medical incapacity constitutes a valid ground for non-compliance with a conditional order to reopen evidence, emphasizing that courts must prioritize complete justice over procedural technicalities under Section 151 CPC. This holding reinforces the discretionary power of courts to prevent injustice where compliance is rendered impossible due to unforeseen circumstances.