Civil Procedure Code, 1908, Order 20, Rule 1, Civil Procedure Code, 1908, Order 14, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 1 -- Decree in partition suit - Decree has been passed in favour of person who is not a party to suit - Held, impugned judgment and decree set aside - Case sent back to trial Court to re-decide suit in accordance with law...........
Civil Procedure Code, 1908, Order 20, Rule 18, Civil Procedure Code, 1908, Order 41, Rule 27 -- Partition suit - Plaintiffs at time of filing plaint concealed true facts about previous partition and obtained decree in their favour - Clear admission made by plaintiff and their heir in sale deeds executed during pendency of appeal to effect that there had been partition..........
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, Section 20(c) -- Jurisdiction - Contract - Acceptance of an offer and its intimation result in the contract being brought in existence - Suit can be filed in the Court within whose jurisdiction the acceptance was communicated...........
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..........
Civil Procedure Code, 1908, Order 20, Rule 18, Hindu Succession Act, 1956, Section 23 - - Partition - Joint family property - Right of female heir to seek partition - Held, no right had accrued or come to vest in male heirs against female heirs whose right in dwelling house of family to claim partition was only put under embargo...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Suit for partition - Plaintiff claimed that property transferred by mortgage deed - However, plaintiff failed to establish that said mortgage has ever been redeemed or even prayed for - Held, plaintiff not entitled to relief for partition...........
