Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Exparte decree - Setting aside - Substituted service - Summons returned unserved due to wrong address - Correct address not furnished - Court ordered substituted service on being made to believe by filing affidavit that defendant could not be served despite various efforts made -..........
Civil Procedure Code, 1908, Section 41, 146, Order 21, Rule 16, Civil Procedure Code, 1908, Section , Order 22, Rule 3, 4, 12, Succession Act, 1925 -- Death of decree holder during pendency of execution - Continuation of execution by Legal Representative - Requirement of succession certificate - Money decree passed by Court in Madhya Pardesh - Decree transferred to Bhiwani..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9, 11, Limitation Act, 1963, Section 5 -- L.R's - Impleading of - Delay of six years - Setting aside abatement and condonation of delay - Applicants residents of rural area and not knowing that L.R's have to be brought on record within certain time - Rules of procedure are designed to advance justice and should be so..........
Agreement to sell -- Substituted by contract of collaboration - Held, when original agreement to sell, power of attorney and will are substituted by subsequent contract of collaboration then original agreement to sell becomes inoperative and unenforceable...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted Service - Satisfaction of Court - an order of substituted service is passed, satisfaction of court is required that defendent cannot be served by ordinary means - Satisfaction can be on the basis of the application supported by an affidavit or on the basis of the record available...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Setting aside exparte decree - Defendant served by way of substituted service by publication in newspaper - Proceeded ex-parte - Application for setting aside ex-parte decree filed after 9 years of passing of ex-parte decree - Procedural irregularities pointed out, not material - Trial Court allowed the application - Conduct..........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Leave to defend - Plea that defendant was not served with summons for judgment - Trial Court holding that once the summons in substituted form is served then there is no need to issue summons for judgment - O.37.R.3 prescribes that defendant should file appearance within ten days of service of first summons,..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Suit against dead person - Suit also against some other defendants - Suit still survives - L.R's of deceased defendant allowed to be substituted...........
Criminal Procedure Code, 1973, Section 176, 154 -- Enquiry by Magistrate u/s 176 Cr.P.C. is in addition to the investigation which is to be conducted u/s 154 Cr.P.C. and not a substitute thereto - Any adjudication u/s 176 Cr.P.C. in no way decides the rights of the parties and cannot be substituted for the trial...........
Criminal Procedure Code, 1973, Section 433, 433A, 418, Indian Penal Code, 1860, Section 302, Prisoners Act, 1900, Section 32 -- Sentence of imprisonment for life - Prison authorities are bound to keep the person who is sentenced to imprisonment for life in jail - Section 32 of Prisons Act is not relevant after transportation was substituted by imprisonment for life by Act..........
