Questão jurídica principal
Whether the forced eviction enforcement order had to be annulled because the tenant was not personally summoned to the hearing
Decisão extraída
Yes. The summons was addressed only to the husband, and the file did not show that the tenant had actually received or clearly known of it before the hearing; the procedural defect was therefore consequential.
Fundamentação extraída
A regular summons protects the right to be heard. Here, the citation was not sent to the affected party herself, and the record did not establish that she learned of it in time or was otherwise not misled. The defect was therefore not cured by the circumstances.