Showing : 81-90 of 122 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Exparte decree can be set aside when summons are not duly served or that defendant was prevented by sufficient cause for not appearing when the suit was called for hearing - Exparte decree cannot be set aside merely on the ground that there had been an irregularity..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 5, Rule 16-- Exparte proceedings - Setting aside - No express order as to petitioner being proceeded ex parte except that service is complete - Petitioner made an endorsement on the summons that name of his father is wrongly mentioned and that he has no connection with the case and that it is not his duty to..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 39, Rule 3, Civil Procedure Code, 1908, Order 5, Rule 12, Civil Procedure Code, 1908, Order 27, Rule 4-- Notice - Suit against Govt. officials - Treating of refusal to receive notice by Asst. Government Pleader appointed for the Court who is Agent of Government as constituting service - Proper...........
KARNATAKA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1-- Written statement - To be filed within 30 days of service of summons - Court can, for valid reasons enlarge time, but time so enlarged cannot go beyond 90 days from date of service of notice on party - Leave to file written statement sought after 90 days of service of summons - Such leave cannot..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 21, Rule 66(2), Civil Procedure Code, 1908, Order 5, Rule 20, 15-- Notice - By affixture - Not a valid notice in the absence of process server making repeated efforts to effect personal service and in the absence of Court ordering to follow the procedure contemplated u/o 5 rule 20 CPC on a report of process server...........
RAJASTHAN HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 80-- Notice - Sent as per registered post - Unrebutted statement of plaintiff to same effect - Service of notice held, proved...........
KARNATAKA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Applicant filed revision against decree which was pending before Revisional Court - Held, merely filing of or pendency of revision does not take away jurisdiction of trial Court to entertain and dispose of application - When applicant was proceeded exparte without..........
MADRAS HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 5, Rule 10, General Clauses Act, 1897, Section 17- - Proof of service of notice - Reply to notice sent at the correct address of plaintiff - Endorsement of Refused made by the post man - Plaintiff had admitted that address given on it was his own - Plea therefore that there was no evidence of despatch of reply notice - Not tenable...........
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..........
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..........

Showing : 81-90 of 122 Results