Showing : 441-450 of 680 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 7, Rule 7-- Subsequent events - Court can take notice of events taking place after institution of suit and can suitably mould and grant relief according to changed circumstances...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 5, Rule 20, Limitation Act, 1963, Article 123-- Expln. - Substituted service - Notice in newspaper `Andhra Prabha' - Defendant stating that he is a subscriber for `Eenadu' and had no access to `Andhra Prabha' - No inference can be drawn that defendant had knowledge of ex parte decree - No warranting circumstances to ask parties to adduce..........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 5, Rule 20-- Service of summons by substituted service - Notice sent by ordinary process and by registered post - Not returned unserved - Order for substituted service - Held, Court's satisfaction that defendant is avoiding service or service cannot be effected in an ordinary way is implicit in the order..........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20-- Summons - Service by substituted service - Notice ordered to be published in daily `Dainik Bhaskar' but published in daily `Aacharan' - `Aacharan' widely circulated in the area - Publication of notice in `Aacharan' is a mere irregularity and an exparte decree cannot be set aside merely on the..........
KERALA HIGH COURT
Year of decision: 2002
Details
Limitation Act, 1963, Section 15(2), Civil Procedure Code, 1908, Section 80(2)-- Permission of Court to file suit before expiry of 60 days after issue of notice u/s 80 CPC - Tantamounts to permission to dispense with such notice and at the same time add the notice period of 60 days for getting the limitation period extended...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 21, Rule 22-- Execution within two years - Option is given to Court to give or not to give notice to J.D. - However, once notice is ordered to be given to J.D., withdrawing of same at the instance of D.H. on the ground of long delay in litigation and ordering delivery of possession without hearing other side is..........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Second Proviso - `Had notice of the date of hearing' - It is knowledge of the `date of hearing' and not the knowledge of `pendency of suit' which is relevant for the purpose of the proviso...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Second Proviso -`Had notice of the date of hearing' - It is knowledge of the `date of hearing' and not the knowledge of `pendency of suit' which is relevant for the purpose of the proviso...........
MADRAS HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 9, Rule 9(2)-- Restoration of suit - Notice of restoration application to opposite party is mandatory...........
MADRAS HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 9, Rule 9(2)-- Restoration of suit - Notice to opposite party is mandatory - Suit restored without notice to the opposite party - Thereafter defendant proceeded exparte and exparte decree passed - Held, restoration of suit without notice to opposite party is illegal and contrary to O.9.R.9(2) CPC - Exparte..........

Showing : 441-450 of 680 Results