Showing : 141-150 of 252 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 5, Rule 6-- Fixing date for appearance of defendant - Summons issued on 18.8.1987 and service effected on 19.8.1987 for date fixed in the case as 20.8.1987 and exparte decree passed on 1.8.1988 - Date fixed in the case was keeping in view the residence of the defendant - Defendant had adequate notice of..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 5, Rule 6-- Summons duly served although a day before the date of appearance-Objection that sufficient time not allowed to enable defendant to appear and answer cause inasmuch as summons issued on 18th for 20th and personal service effected on 19th - Defendant had adequate notice-Even if defendant did not..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 5, Rule 19-A-- Requirement to issue summons by Registered A. D.-Not mandatory-Service of summons by Registered A. D.-In addition to and simultaneously with issue of summons...........
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 19-A-- Summons - Service by registered post - AD not received back - Summons if properly addressed, pre-paid and sent by registered post there is presumption of due service - However, presumption is rebuttable by convincing and cogent evidence...........
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..........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 5, Rule 20-- Substituted service - Can be ordered only on satisfaction that there was reason to believe that the defendant was keeping out of the way for the purpose of avoiding service or that for any other reason the summons cannot be served in the ordinary way...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 5, Rule 15, Civil Procedure Code, 1908, Order 5, Rule 25-- Wife of defendant seeking vacation of injunction order - Wife not a party to the proceedings and she also failed to get herself impleaded as a party - Nothing to show that she is authorised to file such a petition on behalf of her husband - She is not an aggrieved party - Rejection of her..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 5, Rule 2-- Summons - Due service - Service of summons without copy of plaint on 7.10.1997 for 13.10.1997 - Non appearance of defendant hence proceeded exparte and subsequently ejectment order passed - Trial Court set aside the exparte ejectment order as service of summons without copy of plaint considered to..........

Showing : 141-150 of 252 Results