Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, 17 -- Ex parte decree - Setting aside - Substituted service - Breach of provision of O.5.R.17 CPC as report of bailiff not indicating that summons were affixed on a conspicuous part of the house, at the address mentioned in the summons - Besides that, order of Court does not..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 65 -- Dishonour of cheque - Summons - Notice of appeal not accepted by accused - All possible tactics are adopted by accused to delay the matter by avoiding services - Exercise of power u/s 65 Cr.P.C which necessitates direction from Court to affix notice/summons on address of accused,..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Plea of non service of summons - Once it is stated on oath by defendant that service was never effected upon him, it is incumbent on plaintiff to produce process server and in case process server is not examined, service cannot be deemed to have taken place - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 5, Rule 15 -- Service of summons through adult member of family - Can be only if it is specifically so ordered by Court - Service through an adult member of family will not be justified unless a finding is recorded that he was not available in the residence or that there was no likelihood of his being found at this residence in a..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Setting aside ex-parte decree - Divorce decree - Non service of summons - Husband has not disputed the fact that it is the official address of the father of wife, where summons been served - On mere production of postal receipt, trial Court proceeded ex-parte against wife without..........
Civil Procedure Code, 1908, Order 8, Rule 1, 10, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Section 151 -- Limitation to file written statement - Condonation of delay - As per proviso to O.8.Rr.1, and second proviso to O.8.R.10 CPC has effect of barring on filing of written statement beyond 120 days from date of service of summons - In the..........
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Section 151 -- Attachment before judgment - Furnishing of security - Recovery suit - Defendant sold suit properties just after service of summons of suit - No prejudice would be caused to defendant in case, he submits appropriate security of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons by Munadi and registered post - A satisfaction has to be recorded by trial Court before resorting to substituted service that defendant cannot be served by means of ordinary post - No such satisfaction was recorded and straightaway process of Munadi was resorted besides..........
Transfer of Property Act, 1882, Section 106 -- Lease deed - Notice - Suit for possession - Once there exists landlord and tenant relationship between parties and rate of rent is above Rs.3500/- p.m in Delhi and there is no registered lease deed for tenanted premise, then, by serving notice u/s 106 of the Act suit for possession can be filed - Infact, there is no need of..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Before ordering substituted service Court has to record a finding that it has reason to believe that respondent is keeping out of the way for the purpose of avoiding service of notice or that for any other reason, summons cannot be served in ordinary way - In absence of such a finding, Court cannot..........
