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DELHI HIGH COURT
Year of decision: 1996
Details
Civil Procedure Code, 1908, Order 5, Rule 17, 20-- Affixation - Service by affixation need not be evidenced by witnesses - Absence of witnesses does not vitiates service...........
GAUHATI HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Section 149, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 5, Rule 1-- Deficient Court fee - Court allowed time for payment of deficient Court fee and also granted ad interim injunction - Grant of ad interim injunction will relate back to date on which it was granted as soon as deficit Court fee is paid - It cannot be said that on date of order Court had no..........
MADHYA PRADESH HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 15-- Exparte decree - Setting aside - Decree passed on service of summons on boy aged 16 years - Service on a boy who is not major is not a proper service - Ex parte decree set aside...........
ALLAHABAD HIGH COURT
Year of decision: 1994
Details
Civil Procedure Code, 1908, Order 5, Rule 11, 15-- Service on son of defendant -Only if son is member of Joint Family or defendant is found absent from house to receive notice or that there is no likelihood of defendant being found at his residence within a reasonable time and he has no agent duly empowered to receive notice - In absence of a..........
MADHYA PRADESH HIGH COURT
Year of decision: 1994
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 2-- Copy of plaint to be accompanied with summons - Provision is mandatory- Service of summons without copy of plaint - Service is not valid - Exparte decree is liable to be set aside...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1994
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20-- Substituted service -Summons not served - Munadi - Cannot be ordered on the first date when summons had been received back unserved - Reason for not effecting the service not stated - No fault of the defendant - Munadi also not properly effected - Nothing on record that defendant was trying to..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1993
Details
Civil Procedure Code, 1908, Order 5, Rule 20-- Substituted service can be ordered only if the respondent is keeping out of way for the purpose of avoiding service or if for any other reason the summons cannot be served in ordinary course - The Court has necessarily to record its satisfaction that the defendant is keeping out of the way for the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1993
Details
Civil Procedure Code, 1908, Order 5, Rule 15-- Service of summons - May be effected on any adult member of the family residing with the defendant - Exparte proceedings cannot be resorted to without making an attempt to service the persons in possession of the property - Even the wife of the tenant has locus standi to move an application for..........
DELHI HIGH COURT
Year of decision: 1992
Details
Civil Procedure Code, 1908, Order 5, Rule 20-- Substituted service - Notice not affixed at the last known address of the defendant - Not effected in the manner as directed by the court - There was no due service of notice...........
DELHI HIGH COURT
Year of decision: 1992
Details
Civil Procedure Code, 1908, Order 5, Rule 20-- Substituted service - Proclamation in newspaper - Court directing that one copy of the newspaper containing the printed notice indicated in the red ink be sent to the addressee mentioned in the notice under postal certificate - Non-compliance - It is fatal - There was no due service by means of..........

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