Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Mere irregularity in the service of summons or where defendant had notice of date and had sufficient time to appear in Court, Court shall not set aside the ex parte decree...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons without copy of plaint - Since it is a matter relating to immovable property, it would be only appropriate that parties have full contest on the respective contentions by pleadings in trial - Ex parte decree set aside subject to payment of costs of Rs.25,000/-...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons without copy of plaint - Delay - No application for condonation of delay filed - When there is no due service of summons then there is no delay in filing the application...........
Civil Procedure Code, 1908, Order 5, Rule 9 -- Service of summons - Court can order service through registered post simultaneously with the service through its processing agency...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Court issued summons by way of ordinary process as well as through registered post - Ordinary summons not received back whereas summons through registered post received back with report of refusal - Postal employee made two efforts before making report of refusal showing an honest effort of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Divorce petition - Respondent living in America - Service of summons through publication in newspaper `The Tribune' - Respondent who was residing in America, could not have come to know about publication of summons qua her in the newspaper `The Tribune' - Order setting aside ex parte decree,..........
Transfer of Property Act, 1882, Section 106 -- Notice - Service of summons in the suit can be held as notice u/s 106 of the Act for terminating tenancy...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 20 -- Ex parte eviction order - Setting aside - Service of summons by affixation on the outer door of house - Process server opined that doors were locked and he has affixed the summons on the outer door of the house - Petitioner failed to show sufficient reasons for setting aside..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - For ordering substituted service, it must be shown 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 the ordinary way...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Appeal - Divorce petition - Once it is shown that applicant has no knowledge of the proceedings and not served with summons in filing application within one month from date of knowledge as per Art.123 of Limitation Act as substituted service is no proper service, rejection of her application..........
