Civil Procedure Code, 1908, Section 115, Order 18, Rule 17A -- Dismissal of application for additional evidence as conditions required under Rule 17-A of Order 18 not satisfied - Before closure of evidence plaintiff took out summons for witnesses now sought to be examined for which diet-money and process-fee deposited but not served as summons were not issued - Cannot be..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, Civil Procedure Code, 1908, Order 5, Rule 19-A -- Exparte decree - Setting aside - Service of summons by publication in newspaper - No steps taken for affixation on residential premises - No steps taken for service of summons by registered post - Summons not duly served - Setting..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Exparte decree - Setting aside - Summons not served - Application moved within 30 days of knowledge of decree - Application is within time...........
Civil Procedure Code, 1908, Order 5, Rule 20, Civil Procedure Code, 1908, Order 9, Rule 13 -- Service of summons - Party avoiding service - O.5.R.20 applies - Without compliance of provisions of O.5.R.20 the applicant cannot be deemed to have been served and as such could not have been proceeded against ex parte...........
Civil Procedure Code, 1908, Order 37, Rule 3 -- 'Appearance' - The object can be served either by filing a power of attorney by the lawyer of the defendant or the defendant simply appearing before the Court within the stipulated period often days informing the Court even orally that he is present in response to the summons received...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Limitation - In cases where summons are served the period of limitation starts from the date of decree and knowledge of party is immaterial...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Applicant must satisfy the Court that summons were not duly served or he was prevented by any special cause from appearing when the suit was called for hearing - Mere production of medical certificate - Not sufficient to prove illness...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Summons to be served personally and in case the defendant refuses to accept service or cannot be found then summons to be affixed on the outer door or some other conspicuous part of the house where the defendant ordinarily resides or carry on his business or personally works for gain - In the instant..........
Civil Procedure Code, 1908, Order 5, Rule 19-A -- Provision is mandatory - A duty is case on the Court to issue summons by ordinary process also when Court orders service through registered post - Notice was sent by registered post without obtaining orders from the Court to that effect - Refusal thereof - Held, appellant was not served in accordance with law...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Respondent not served with summons - Authority of the lawyer who had put in appearance on his behalf could not be proved - Summons were received by alleged sub-tenant - Exparte order rightly set aside...........
