Civil Procedure Code, 1908, Order 1, Rule 8(2) -- Representative suit - Notice of institution of suit - Personal service has to be resorted to at first instance or whereby due to reasons of number of persons or any other cause such service is not reasonably practicable, then by means of public advertisement such persons can be served...........
Civil Procedure Code, 1908, Order 5, Rule 15 -- Service of summons - On an adult member of family - Process server has to make all reasonable efforts to serve notice - Contention that O.5.R.15 CPC expects more than one visit of process server to residence of party before effecting service of notice on any adult member of family of defendant, rejected...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Service of summons to subsequent purchaser - Partition suit - Service of notice of application U.O.39.Rr.1, 2 filed by defendant, cannot be taken to be service of suit summons to subsequent purchaser...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Service of summons to subsequent purchaser - Partition suit - Resort to notice by way of substituted service through paper publication in a mechanical manner without trial Court having found as regards factum of avoidance of notice by subsequent purchaser would vitiate order passed U.O.5.R.20 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 22, Limitation Act, 1963, Section 5 -- Appeal - Cross-objections - Limitation to file cross objections starts to run from date of service of notice of appeal - Cross-objections not filed within statutory period of 30 days after service of notice upon party - Even, despite there being an application for condonation of delay, same..........
Civil Procedure Code, 1908, Section 80 -- Notice - Maintainability of suit without service of notice - Objection can be raised by only that party for whose benefit the provision is enacted - Other party to the suit cannot question the maintainability of suit on account of alleged non compliance of the provision as such non compliance can always be waived by the party for..........
Civil Procedure Code, 1908, Section 80(2) -- Notice - Exemption - Suit can be instituted without service of notice with `leave of Court' - Order granting leave should reflect application of mind by the Court to the requirements of the provision...........
Civil Procedure Code, 1908, Section 80, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file afresh suit - Suit against Government - Non service of notice u/s 80 CPC - Amounts to formal defect - Suit can be withdrawn with liberty to file fresh suit...........
Civil Procedure Code, 1908, Section 151 -- Restoration application - Stamp proceedings - Proceedings heard in absence of petitioner - Petitioner had not put in appearance and only by presuming service of notice Additional Collector proceeded with the matter - Even recall application filed by petitioner dismissed without giving any finding regarding notice specially when..........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 23(1) -- Execution - Objection as to executability of decree - Objection not raised after service of notice U.O.21.R.22 CPC - Objection as to executability of decree cannot be raised at a later stage...........
