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Results of summons not served

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Showing : 61-70 of 264 Results

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - No material available to the satisfaction of Court to arrive at conclusion that defendant is keeping out of the way for the purpose of avoiding service or that for any other reason summons cannot be served in ordinary way - Application for substituted service, dismissed...........

MANIPUR HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Matrimonial dispute - Service of summons on younger sister of defendant - Process server failed to mention that sister was an adult member - That apart, summon by process server does not seem to have been effected properly as it was never served in presence of two independent witnesses - Ex..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Limitation Act, 1963, Section 5 -- Condonation of delay - Ex parte decree passed by Debt Recovery Tribunal - Proceedings against guarantor - Applicant though served with summons but misconstrued the same being in connection with the personal loan advanced to her by Bank - Only after notice of Recovery Certificate was published that applicant made enquiries and moved the..........

DELHI HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for possession, recovery of mesne profit and damages against son and daughter-i, law - Plaintiff exclusive owner of suit property which fact not denied by defendant - Even permissive user of suit premises not disputed by defendant - Except for bald and vague denials, defendant has not taken any..........

BOMBAY HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 96 -- First Appeal - Ex-parte decree - Plea of no, service of notice of suit - Appellate Court cannot proceed on basis that summons was admittedly served on defendant - This plainly is contrary to pleadings and there is no possible justification of the same - Order of First Appellate Court in dismissing appeal set aside - Matter remitted..........

RAJASTHAN HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons not served to defendant - Presuming the service of defendant in the order sheet on the basis of refusal cannot be considered to be justified and legally perfect, particularly when registered address filed along with it is alleged to be forged and not actually filed by defendant -..........

ORISSA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Death of original defendant after ex parte decree - LRs of deceased defendant were brought on record - However, original defendant was not prevented by sufficient cause from appearing on the date of hearing and was negligent right from the initial stage of case - Summons were also duly served..........

HYDERABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - Reason for non service of summons is no, availability of defendant when summons were about to be served - Despite correct address given, no steps were taken by plaintiff to serve defendant on correct address - Even otherwise, suit property is valuable and..........

DELHI HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit for recovery - Dishonour of cheque - Non-appearance of defendant within 10 days despite being served with summons - Allegations in plaint are deemed to be admitted and plaintiff is entitled to a decree for a sum not exceeding the sum mentioned in summons - However, trial Court erroneously while treating the suit..........

DELHI HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Can be set aside if summons were not duly served or if a party is prevented by sufficient cause from appearing in response to the summons...........

Showing : 61-70 of 264 Results