Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Substituted service - Order of substituted service without recoding necessary satisfaction that defendants were getting out of the way for the purpose of avoiding service or that for any other reason, summons could not be served in the ordinary..........
Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Service of summons - Provision of O.5.Rr.17, 19 is mandatory in nature - Procedure for service of summons is required to be followed and in absence thereof there cannot be proper service of summons and if summons is not properly served adjudication on merits and decree passed by Court will be nullity...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 7, 19, Evidence Act, 1872, Section 102 -- Ex parte decree - Setting aside - Valid service of summons - Denial - Burden of proof - It is on the person who affirms that there was a valid service which was refused - Held, it is untenable argument that defendant must put the Court bailiff..........
Civil Procedure Code, 1908, Order 5, Rule 7, 19 -- Service of summons by affixation - Report on an earlier date that defendant was not residing at the given address - Held, on the subsequent date order of service by affixation was uncalled - Held, there was no service of summons on the defendant...........
Civil Procedure Code, 1908, Order 5, Rule 15 -- Service of summons - Adult female members of defendant refused to receive summons - Conclusion can be drawn that summons are served on defendant in view of O.5.R.15 CPC...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Not to be allowed on the mere asking of it and is to be allowed only if requirement of rules is satisfied - The requirement to be satisfied is that Court should be satisfied that there is reason to believe that for the purpose of avoiding service, defendant is keeping out of its way or that for any other..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Guidelines regulating exercise of power U.O.5.R.20 CPC - Enumerated...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Munadi - While there can be several means of affecting service on a party to the satisfaction of the Court, the old and obsolete methodology of conducting Munadi (which is seldom conducted) is being followed as a rule of convenience...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte divorce decree - Setting aside - Service through Munadi - House number not mentioned in the summons - Process Server also does not know the number of any building where the affixation took place - Such type of service by Munadi in a sub-urban area without making a..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Non service of summons - Substituted service - Observation of trial Court with regard to validity of service of summons not based on record - There is absolutely no application of mind on the part of trial Court - There is complete non application..........
