Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte eviction order - Setting aside - Report of the process service clearly reflects that there is no mention of either the name or address of the person in whose presence copy of the summons was affixed - Order holding the service effected is patently illegal and is hereby set aside...........
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 15 -- Service of summons - On an adult member of family - O.5.R.15 CPC does not make an endorsement sine qua none to the effect that there was no likelihood of defendant being found at his residence within a reasonable time...........
Civil Procedure Code, 1908, Order 5, Rule 15 -- Service of summons - On an adult member of family - Cannot be held insufficient unless Proviso to O.5.R.15 CPC is invokable...........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 5, Rule 15 -- Ex parte order - Setting aside - Service of summons - Application for setting aside ex parte order was filed by defendant after lapse of more than 9 years - Mother of defendant was served in 2005 which was admitted by defendant - Mother of defendant had no interest in the suit..........
Criminal Procedure Code, 1973, Section 125 -- Ex parte maintenance order - Setting aside - Service of summons - Refusal - Tendering of summons, its refusal and affixation of summon and copy of plaint on wall should be witnessed by persons who identified the respondent and his house and witnessed such procedure - Report of process server reveals that no attempt was made by..........
Civil Procedure Code, 1908, Order 5, Rule 25 -- High Court Rules and Orders, Volume IV, Chapter 7-B - Service of summons - Defendant not residing in India - Service of summons on defendant can be effected by means of Electronic Mail Service on e-mail address...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 73, 82, 83 -- Dishonour of cheque - Non-bailable warrant of arrest issued against accused - Without a report on service of summons/bailable warrant of arrest was produced before Magistrate - In absence of such report, it cannot be concluded that accused has been evading arrest or..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Time period for filing - Ordinarily a written statement is to be filed within a period of 30 days - However, grace period of a further 90 days is granted which Court may employ for reasons to be recorded in writing and payment of such costs as it deems fit to allow such written statement to come on record..........
Evidence Act, 1872, Section 74 -- Public document - Report of bailiff on summons - Not public document, as it is nothing but his opinion about service of summons or otherwise on person to whom summons have been issued by Court - Only contents of summons issued by Court, consisting name of Court, name of parties, seal of Court and returnable date stated in summons can be..........
