Showing : 91-100 of 126 Results

DELHI HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 5, Rule 20-- Substituted service - Summons not returned by process server - Explanation of process server not sought as to why summons were not returned - In such circumstances order for substituted service by publication on unserved defendant is not valid...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 5, Rule 20-- Substituted service - Refusal to receive summons - Not witnessed by any person - Report of refusal by process server not supported by an affidavit - Process server affixed the summons at the house on refusal to receive summons - Held, process server on his own, is not competent to decide as to..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 5, Rule 20-- Substituted service - Summons received back unserved with a report that defendants are not residing in the village - Correct address ordered to be furnished - Correct address not furnished and defendants ordered to be served through substituted service - Proceeded exparte on the basis of service..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, 19-A-- Exparte decree - Setting aside - Substituted service - Report of process server that defendant was not available at his house as he was away to Hissar - Thereafter Court ordered that defendant be served through Munadi - Provision of O.5.R.19-A CPC is mandatory which should have been brought into..........
ALLAHABAD HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 5, Rule 20(1)-- Substituted service - Publication in newspaper - Publication cannot be permitted skipping over sub-rule (1) of Rule 20 - Publication in newspaper may be permitted in addition to substituted service of sub-rule (1) of Rule 20 of the Code but it cannot be permitted skipping over the same...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 5, Rule 20, 19A-- Substituted service, recourse to - Before directing substituted service - Court should direct issuance of summons by registered post in compliance with provisions of Rule 19 - A unless Court finds sufficient reasons falling within limited ambit of proviso to Rule 19A - Substituted service cannot..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
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...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
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...........
KARNATAKA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20-- Exparte decree - Setting aside - Nothing on record to show that the Court before issuing substituted service was 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 - Nothing on..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20-- Munadi (substituted service) conducted (on 24.4.1995) after defendant proceeded ex parte (on 21.4.1995) which was earlier - Defendant not served in accordance with law before order proceeding ex parte passed - Order proceeding ex parte - Cannot be sustained legally - Set aside...........

Showing : 91-100 of 126 Results