Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 9(5) -- Ex parte decree - Setting aside - Summons issued by registered post received back with postal endorsement of refusal - As per O.5.R.9(5) if defendant or his agent refuses to take delivery of postal article containing summons, Court issuing summons shall declare that summons had..........
Civil Procedure Code, 1908, Order 5, Rule 9(5) -- Service of summons by registered post - Summons received back with postal endorsement of `Refusal' - Summons shall be taken to be duly served...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was proceeded ex parte on the basis of notice sent through registered cover and report of postman regarding refusal - Postman not examined in evidence - Plaintiff knew that Director of defendant Company works in Hospital - Even, no effort was made to serve defendant on that address..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Refusal to accept summons and conducting of Munadi thereafter - However, process server or the person who conducted the alleged Munadi not examined - Assumption of trial Court that defendant had the knowledge of suit cannot be sustained in the eyes of law...........
Criminal Procedure Code, 1973, Section 125 -- Ex parte maintenance order - Setting aside - Service of summons - Refusal - Tendering of summons, its refusal and affixation of summon and copy of plaint on wall should be witnessed by persons who identified the respondent and his house and witnessed such procedure - Report of process server reveals that no attempt was made by..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Report of refusal by process server on summons - Defendant ordered to be served through munadi and by beat of drums - Held, Courts should be careful whenever a report of refusal is received and not to order service through local proclamation in a routine manner...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Report of refusal by process server on summons - Defendant ordered to be served through munadi and by beat of drums - Court is required to entrust the job of local proclamation to some other process server other than one who was earlier entrusted to serve the summons and who made a report of refusal...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Report of refusal by process server on summons - Defendant ordered to be served through munadi and by beat of drums - Once there is report of refusal, it is mandatory that process server be summoned in the Court and examined while giving..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons not served to defendant - Presuming the service of defendant in the order sheet on the basis of refusal cannot be considered to be justified and legally perfect, particularly when registered address filed along with it is alleged to be forged and not actually filed by defendant -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Non-service of summons - Order refusing to grant opportunity to lead evidence by defendant in support of said application - Report of refusal made by Postman is not absolute and it is rebuttable - Evidence can be led by defendant to show that report was falsely made and infact he did not..........
