Transmission via WhatsApp not conclusive proof of service, says Delhi High Court
The Delhi High Court held that transmission of a summons through WhatsApp does not constitute conclusive proof of due service, particularly when the defendant disputes receipt. Justice Manoj Kumar Ohri examined an appeal challenging a trial court's dismissal of an application to set aside an ex parte judgment and decree from November 2023.
The court found that the factum of electronic transmission and proof of actual receipt are distinct legal concepts. Where the process server's report indicates a third person answered the communication and the defendant consistently denies receiving the summons, transmission alone cannot establish proper service. The bench accordingly restored the defendant's right to contest the suit by setting aside the ex parte judgment under Order 9 Rule 13 of the Civil Procedure Code, 1908.
The original civil suit involved a property dispute in West Patel Nagar, New Delhi, concerning alleged unauthorised construction, pipe installation causing seepage damage, and parking area encroachment.
