Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Recourse to substituted service U.O.5.R.20 CPC is neither mandatory nor a condition precedent for treating service as valid...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Publication of summons in a newspaper other than a daily newspaper is a violation of requirement of law and therefore cannot be termed merely as an irregularity in service of summons...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Non-compliance of O.5.R.20 CPC - Summons was published in weekly newspaper and not in a daily newspaper - There is thus clear violation of mandatory provision U.O.5.R.20(1-A) CPC with regard to substituted service - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte divorce decree - Setting aside - Substituted service - Notices issued to husband had been received back unserved - Wife did not bother to file either process fee or correct address and rather straightaway proceeded to move an application for substituted service U.O.5.R.20..........
Civil Procedure Code, 1908, Section 15, Order 9, Rule 7 -- Ex parte order - Setting aside - Petitioner was served at the address mentioned in sale deed itself - Substituted service was not shown to be fraudulent - Both courts below have concurrently found no procedural irregularity sufficient to set aside ex parte order in retrospect particularly in light of subsequent..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Service of summons - No sincere attempt was made to effect service of respondent by ordinary course or by sending summons by registered post - Mere service by publication in newspaper was not sufficient - Neither sufficient ground for ordering substituted service of respondent by publication in..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 12 -- Ex parte judgment - Setting aside - Proceedings u/s 12 of Hindu Marriage Act - Wife was not duly served with notice and procedure adopted for directing substituted service being vitiated, therefore, ex parte judgment set aside - Matter remanded back to Family Court for decision afresh ...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Service of summons - Notice served on defendant by substituted service in local newspaper which is less in circulation in the locality - Service of notice not acceptable - Defendant has shown sufficient cause to set aside ex parte decree Ex parte..........
Service -- Misconduct - Punishment of withholding of four increments - Order of punishment passed by disciplinary authority set aside by High Court on the ground of non-supply of some documents to delinquent - However, there is no finding that non supply of some documents has resulted into any prejudice caused to the employee - Mere non-supply of documents which may not..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons sent, to address at Chennai, received back as `Unclaimed' as defendants are staying in USA - Court ordered substituted service by newspaper publication - Defendants deposited entire decretal amount to show their bona fides - One opportunity must be given to defendants to defend suit -..........
