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..........
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...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Munadi - Effected at Ludhiana - Respondent living at Ferozepur - Respondent produced copies of his ration card, arm licence and even voters list - Held, respondent is not duly served...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Exparte decree - Setting aside - Substituted service - Trial Court ordered substituted service by way of munadi without recording any finding as to in what circumstances defendant could not be served by ordinary process - Exparte decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 6(b), 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service, recording of reasons - Defendant No. 1 not served whereas defendant No. 2 duly served and represented by his counsel - Without recording any reasons Court on that date itself directed that defendant No. 1 be summoned through munadi for next date - Court..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, Civil Procedure Code, 1908, Order 5, Rule 19-A -- Exparte decree - Setting aside - Service of summons by publication in newspaper - No steps taken for affixation on residential premises - No steps taken for service of summons by registered post - Summons not duly served - Setting..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Exparte decree - Setting aside - Substituted service - Order directing substituted service was not passed in accordance with mandatory provisions of O.5.R.20 CPC - Exparte decree set aside...........
Civil Procedure Code, 1908, Order 5, Rule 20, Civil Procedure Code, 1908, Order 9, Rule 13 -- Service of summons - Party avoiding service - O.5.R.20 applies - Without compliance of provisions of O.5.R.20 the applicant cannot be deemed to have been served and as such could not have been proceeded against ex parte...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Before ordering substituted service it is mandatory on the part of the Court to record a finding that there are reasons to believe that the petitioner was evading service - Order of substituted service for serving the defendant should not be passed lightly, but only as a last resort when there is no..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Summons to be served personally and in case the defendant refuses to accept service or cannot be found then summons to be affixed on the outer door or some other conspicuous part of the house where the defendant ordinarily resides or carry on his business or personally works for gain - In the instant..........
