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 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..........
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 5, Rule 2 -- Service of summons - Service contemplated in terms of O.5.R.2 CPC would imply service of summons along with the copy of plaint...........
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..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Exparte decree - Setting aside - Refusal to accept summons - No report of affixation of summons - Non compliance of O.5.R.17 CPC - Service cannot be deemed to be effective one - Order setting aside ex parte decree calls for no interference...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Setting aside - Refusal to accept summons - In such scenario, it is incumbent upon process server to affix the notice as provided U.O.5.R.17 CPC and in absence of such affixture it has to be presumed that they were not served at all - If affixture is not made by..........
Civil Procedure Code, 1908, Order 5, Rule 15 -- Service of summons - On an adult member of family - Before resorting to provision contained U.O.5.R.15 CPC, it has to be shown that defendant was absent from his residence at the time when service of summons was sought to be effected and there was no likelihood of his being found at the residence within a reasonable time - It..........
