Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - In calculating mesne profits/damages which are payable some amount of honest guess work is always required because evidence led by parties even if accepted will only show rate of rent for similar type of premises...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Suit for possession - Defendant duly served at the address as furnished before Executing Court - He appeared through counsel and filed written statement controverting allegations in plaint - But he did not lead any evidence and suit was decreed against him - He did not appeal against that order -..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Before ordering substituted service Court has to record a finding that it has reason to believe that respondent is keeping out of the way for the purpose of avoiding service of notice or that for any other reason, summons cannot be served in ordinary way - In absence of such a finding, Court cannot..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Publication of notice in a newspaper - Purpose of publication of substituted service is to bring to the notice of defendant about pendency of proceeding - Notice should be published in a newspaper having wide circulation in the locality, where defendant voluntarily resides...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex-parte decree - Setting aside - Summons not served - Publication of notice in newspaper - Defendant on account of militancy shifted from Srinagar to Jammu - In these circumstances, even if he had some vague knowledge that summons were sent to his address at Srinagar, it cannot..........
Civil Procedure Code, 1908, Section 20(c), Negotiable Instruments Act, 1881, Section 70 -- Territorial jurisdiction - Assignment of promissory note - Where right of plaintiff depends upon assignment of promissory note in his favour, assignment will constitute part of cause of action and Court within whose jurisdiction assignment took place, will have jurisdiction to..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, 25 -- Ex parte decree - Setting aside - Some of the defendants residing out of country - Procedure U.O.5.R.25 to be followed - Court committed serious illegality in ordering publication of notice in local newspaper - Ex parte decree set aside...........
Civil Procedure Code, 1908, Section 20(c) -- Suit for recovery - Cause of action - In contractual matters part of cause of action arises where either contract is executed or contract has to be performed or where payment has to be or is made or where breach occurs with respect to contract...........
Civil Procedure Code, 1908, Section 20(c) -- Suit for recovery - Territorial jurisdiction - Cause of action - Non payment of price of goods - Cheque issued by defendant at Delhi and realized at Delhi - Therefore, once payment is made at Delhi, Courts where payment is made is Court where part of cause of action arises, thus, Courts at Delhi has jurisdiction to try suit u/s..........
Civil Procedure Code, 1908, Section 2(12), Order 20, Rule 12 -- Mesne profits - Suit for mesne profits can be filed only for past period and not for future with an exception that suit for future mesne profits can be filed when accompanied with relief of recovery of possession of immovable property...........
