Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- First Schedule, Appendix B, Form No.11 - Service of summons U.O.5.R.17 - There should be compliance of rule 19 - One of the requirements of the affidavit is that the name of the person who has sworn that affidavit must be disclosed and then the person who has administered the oath, and seal and the certificate shall..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 19, Limitation Act, 1963, Section 5 -- Exparte decree - Setting aside - Delay - Condonation - Service of summons U.O.5.R.17 - Non compliance of R.19 of O.5 - Exparte decree set aside after condoning delay...........
Civil Procedure Code, 1908, Order 5, Rule 19A -- Service in the normal course when effected - Non compliance to the provisions of Rule 19A would not invalidate the service...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Recourse to substituted service can be taken only if Court is satisfied that the defendant is 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...........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 5, Rule 19A, 20 -- Once the Court directs service to be effected by registered post, it is obligatory upon a party to comply with the order - Defaulting party cannot take any advantage of its own default...........
Civil Procedure Code, 1908, Order 5, Rule 19A -- Summons must be properly addressed on a correct address of the defendant...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Before resorting to substituted service Court should normally issue summons in compliance with the provisions of Order 5 Rule 19A unless the Court finds sufficient reasoning falling within the limited ambit of proviso to Rule 19A(1) CPC...........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 5, Rule 19A, 20 -- Exparte proceedings - Setting aside - Summons sent at the wrong address - Summons not sent as per registered post acknowledgment due, despite order of Court and even the proclamation was effected in a village where the defendant was not residing - Exparte order set aside...........
Civil Procedure Code, 1908, Order 5, Rule 2 -- Provision is mandatory in nature - No summons can be regarded to have been duly served unless a copy of the plaint is also served on the party...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 2 -- Exparte decree - Setting aside - Service of summons without copy of plaint - Summons cannot be held to be duly served - Limitation starts from date of knowledge of exparte decree...........
