Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - No sufficient cause shown for setting aside the exparte judgment and decree - A party served with summons at the commencement of the hearing of the suit is not required to be served with subsequent notice, which was necessitated because that party has chosen to stay away from the hearings..........
Criminal Procedure Code, 1973, Section 62, 311 - - Summoning of witnesses - Dasti - Prosecution had received dasti summons for its witnesses and notwithstanding it did not produce its witnesses - Plea that State would be able to fill in loopholes if allowed examination of witnesses after closure of arguments - Held, Chapter II Part I of the Civil Court Rules framed by the..........
Criminal Procedure Code, 1973, Section 258 -- Power to stop proceedings - FIR u/ss 447, 341, 323, 427 IPC - Charge sheet filed - Accused could not be served - Since all the offences were triable as summons case, Magistrate stopped proceedings u/s 258 Cr.P.C. - Thereafter on the application of prosecution, Magistrate reopened the case and issued non bailable warrants..........
Limitation Act, 1963, Article 123 -- Limitation - Starting point - Article 123 Limitation Act is in two parts - In a case where summons have been served upon a party, the first part shall apply - However, in a case where the summons have not been served, the second part shall apply...........
Civil Procedure Code, 1908, Order 5, Rule 9 -- Summons - Service by registered post - Where registered cover is properly addressed and duly sent by registered post with acknowledgement due, then Court can declare that the summons have been duly served...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Proviso - Exparte decree - Setting aside - Defendants not served with summons - Proviso of O.9.R.13 does not come into play...........
Civil Procedure Code, 1908, Order 5, Rule 9(4), 19 -- Summons - Service by post - Defendant residing outside the territorial jurisdiction of Court - Court cannot issue summons by registered post acknowledge due to a defendant residing outside territorial jurisdiction of Court - However, a defendant residing outside the territorial jurisdiction of Court can be served either..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5, Article 123 -- Exparte decree - Setting aside - Limitation - Starts to run from the date of knowledge of exparte decree - However, in case summons were duly served then limitation starts to run from the date of exparte decree - Application filed beyond period of limitation - Condonation of delay..........
Consent decree -- Challenged on grounds of fraud and impersonation - Set aside on following grounds - - (i) Summons for service of defendant sent on wrong address, not served upon her. (ii) Advocate alleged to have appeared on behalf of defendant, well acquainted with plaintiff and his father. (iii) Statement of plaintiff in the said suit and advocate reveals that..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Defendant for getting it set aside is required to establish that either summons were not served on him or he had sufficient cause for remaining absent on the date fixed for hearing the suit ex parte...........
