Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profit - Eviction suit - Plaintiff claimed damages @ Rs.1000 per day after termination of lease - No document is produced as to on what basis plaintiff can claim damages at this rate - Enquiry therefore, according to O.20.R.12 CPC ordered...........
Civil Procedure Code, 1908, Section 27, Order 5, Rule 20(3) -- Service of summons - Expression "time" in O.5.R.20(3) CPC has to be read harmoniously and in juxtaposition with the requirement of mentioning of specific "day, date, year and time" in the summons prescribed u/s 27 r/w statutory format Process IA of Appendix-B appended to CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20(3), Civil Procedure Code, 1908, Section 27 -- Ex parte decree - Setting aside - Service of summons on defendant without mentioning therein a specific day, date, year and time cannot be held as "summons duly served" on defendants within the meaning of O.9.R.13 CPC, as such summons and..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - O.5.R.20 CPC requires Court to be satisfied either that there is reason to believe that defendant is keeping out of the way for the purpose of avoiding service or that for any other reason, summons cannot be served in the ordinary way - Substituted service is an exception to the normal mode of service -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, 17 -- Ex parte decree - Setting aside - Substituted service - Breach of provision of O.5.R.17 CPC as report of bailiff not indicating that summons were affixed on a conspicuous part of the house, at the address mentioned in the summons - Besides that, order of Court does not..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - O.5.R.20 CPC requires Court to be satisfied either that there is reason to believe that defendant is keeping out of the way for the purpose of avoiding service or that for any other reason, summons cannot be served in the ordinary way - Substituted service is an exception to the normal mode of service -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, 17 -- Ex parte decree - Setting aside - Substituted service - Breach of provision of O.5.R.17 CPC as report of bailiff not indicating that summons were affixed on a conspicuous part of the house, at the address mentioned in the summons - Besides that, order of Court does not..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Publication of notice in a newspaper other than the one in which citation had to be published - Newspaper in which citation was published was published in Agra and had circulation in Agra - Merely on this ground ex parte divorce decree cannot be..........
Civil Procedure Code, 1908, Order 14, Rule 2, Specific Relief Act, 1963, Section 16, 20 -- Preliminary issue - Suit for specific performance - Issue as to readiness and willingness - Issue is a question of fact and not a question of law - Issue of readiness and willingness cannot be determined without referring to evidence on record - Order declining to treat issue of..........
Family Courts Act, 1984, Section 10(3), 12, Delhi High Court Mediation and Conciliation Rules, 2004, Rule 20, 21, Arbitration and Conciliation Act, 1996, Section 75, 81, Civil Procedure Code, 1908, Section 89 -- Mediation - Confidentiality and no, disclosure of information during trial - Mediator`s report and Counselor`s report cannot be used by parties during trial, when..........
