Civil Procedure Code, 1908, Order 5, Rule 17 -- Service of summons - Mentioning address of witnesses is not mandatory...........
Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Service of summons - In order to accept service as valid service particularly, when report is to the effect that respondent refused to accept summons then, it become duty of Court to examine Process Serving Officer if his report is not on affidavit - Even if Process Serving Officer gives his report on affidavit,..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 19, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Simultaneous issuance of summons through registered post and ordinary summons - An intimation was served on the addressee to collect the postal article - On receipt of the unserved postal..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex-parte decree - Appeal - Petitioner was not served properly, hence, he could not appear before trial Court for submitting his case - Therefore, petitioner has made a prima facie case in his favour that he was not served with any kind of notice and so-called affixation of summons..........
Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Service of summons by affixation - Requirement of O.5.R.17 CPC stands satisfied - However, it was held that there is no proper service for non compliance of O.5.R.19 CPC - In case report of serving officer is verified then it is not mandatory for Court to examine serving officer to hold any other further enquiry - Absence..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 19, Civil Procedure Code, 1908, Order 29, Rule 2(b) -- Service of summons - Suit against company - Summons may be served by leaving it or sending it by post address to the Corporation at the registered office or if there is no registered office, then at the place where Corporation..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Setting aside - Service of summons - Notice was refused to be accepted by defendant - It was bounden duty of process server to affix notice in terms of O.5.R.17 CPC - Same having not been done, service cannot be termed to be proper - As regarding delay in filing..........
Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Service of summons - To prove the effective service of notice upon defendant U.O.5.R.17 CPC, Process Server/Court Amin has to verify the return of summon by filing his personal affidavit as enunciated U.O.5.R.19 CPC - Return of summon in case not verified by the affidavit of Serving Officer - Court shall examine him on..........
Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Service of summons - To prove the effective service of notice upon defendant U.O.5.R.17 CPC, Process Server/Court Amin has to verify the return of summon by filing his personal affidavit as enunciated U.O.5.R.19 CPC - Return of summon in case not verified by the affidavit of Serving Officer - Court shall examine him on..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 9, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Setting aside - Service of summons - Defendant after having read the summons refused to accept the same - Provision of O.5.R.17 CPC complied with - Where a defendant refuses to accept summons, Court shall declare that..........
