Principle

CIVIL PROCEDURE — Service of Process — Non-Service — Effect on Order Made — Court’s Inherent Power to Set Aside

Area of law
CIVIL PROCEDURE
Court
Supreme Court

A court has inherent jurisdiction to set aside its own order that is a nullity. An order made without service of process on a party is a nullity. The power exists regardless of whether an appeal is filed. The principle ensures that fundamental defects can…

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