Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Held, once defendant is residing abroad, substituted service by publication in a local daily is not sufficient...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Service by way of publication - Court has to specify the newspaper which has to be a daily newspaper circulating in the locality in which the defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Service of summons through publication in newspaper - Summons sent through registered cover received back with the report that address is incomplete - Correct address not provided - Instead of filing correct address an application U.O.5.R.20 CPC..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Door found locked twice by postal authorities - Substituted service cannot be ordered merely on the ground that premises were found locked at a given point of time without going in for proper verification that premises was locked with the object of avoiding service of summons...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Can be ordered only when Court is satisfied that either the defendant is purposefully avoiding receipt of summons or having regard to the facts of the case it is not possible to serve the notice - Substituted service cannot be ordered merely on the ground that premises was found locked by postal..........
Civil Procedure Code, 1908, Order 5, Rule 9 -- Summons - Service by registered post - Where registered cover is properly addressed and duly sent by registered post with acknowledgement due, then Court can declare that the summons have been duly served...........
Civil Procedure Code, 1908, Order 5, Rule 2 -- Summons - Service of - Service of summons without being accompanied by a copy of plaint - No service of summons as required by O.5.R.2 CPC...........
Civil Procedure Code, 1908, Order 5, Rule 2, 9 -- Summons - Service of summons - Envelope not containing copy of plaint - Trial Court itself opened the envelope which did not contain the copy of the plaint or the summons and infact a blank envelope was sent - Does not amount to service of summons...........
Civil Procedure Code, 1908, Order 5, Rule 9 -- Summons - Service - There cannot be deemed service of summons on the sole ground that other defendants are brothers of the petitioner who had appeared in the suit...........
Civil Procedure Code, 1908, Order 5, Rule 9(4), 19 -- Summons - Service by post - Defendant residing outside the territorial jurisdiction of Court - Court cannot issue summons by registered post acknowledge due to a defendant residing outside territorial jurisdiction of Court - However, a defendant residing outside the territorial jurisdiction of Court can be served either..........
