Showing : 1-10 of 13 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, 17-- Ex parte decree - Setting aside - Ex parte decree passed on the basis of publication of notice in a newspaper - Order of service of summons by substituted service, held, not proper, as report of process server attested by a witness but his address not mentioned - In absence of a proper report with..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 20-- Ex parte eviction order - Setting aside - Service of summons by affixation on the outer door of house - Process server opined that doors were locked and he has affixed the summons on the outer door of the house - Petitioner failed to show sufficient reasons for setting aside ex parte eviction..........
UTTARAKHAND HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, Hindu Marriage Act, 1955, Section 13-- Ex parte decree of divorce - Setting aside - Service of summons through publication - Summons when received back with endorsement `unclaimed' Court without resorting to provision of O.5.R.17 which provides service by affixation resorted to service of notice through publication - Held, wife was..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 5, Rule 7, 19-- Service of summons by affixation - Report on an earlier date that defendant was not residing at the given address - Held, on the subsequent date order of service by affixation was uncalled - Held, there was no service of summons on the defendant...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20-- Ex parte divorce decree - Setting aside - Service through Munadi - House number not mentioned in the summons - Process Server also does not know the number of any building where the affixation took place - Such type of service by Munadi in a sub-urban area without making a reference to any house..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte order of eviction - Setting aside - Summons received back with report of refusal - Substitute mode of service adopted - Petitioner was duly served through Munadi and affixation for the date fixed - Non appeared - Order dismissing application, upheld...........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 5, Rule 20-- Substituted service by affixation of summons - Service must be effected by affixing the summons at two places namely (i) in some conspicuous place in the Court-house and (ii) upon some conspicuous part of the house of defendant in which he is last known to have resided or carried on business or..........
DELHI HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 62, 63, 64, 65-- Dishonour of cheque - Service of summons - Can be effected through registered post/speed post or by courier - Court can declare served in case there is refusal to receive summons - Court can take coercive measures for entering appearance of accused - Service by affixation is a valid mode of..........
RAJASTHAN HIGH COURT
Year of decision: 2005
Details
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte divorce decree - Setting aside - Service of summons - Registered notice received back with endorsement 'not found' - Dasti notice not found to be served by `nishan dehi' - Service of summons on the basis of telegram is not available - Service by affixation highly suspicious - Service not..........
RAJASTHAN HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Proviso - Exparte decree - Setting aside - Name and addresses of witnesses not mentioned in whose presence affixation of summons was made at the house of the petitioner - Defendant had notice of date of hearing - Exparte decree on basis of irregularity in service of summons cannot be set aside...........

Showing : 1-10 of 13 Results