Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Suit for possession - Defendant duly served at the address as furnished before Executing Court - He appeared through counsel and filed written statement controverting allegations in plaint - But he did not lead any evidence and suit was decreed against him - He did not appeal against that order -..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Before ordering substituted service Court has to record a finding that it has reason to believe that respondent is keeping out of the way for the purpose of avoiding service of notice or that for any other reason, summons cannot be served in ordinary way - In absence of such a finding, Court cannot..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Publication of notice in a newspaper - Purpose of publication of substituted service is to bring to the notice of defendant about pendency of proceeding - Notice should be published in a newspaper having wide circulation in the locality, where defendant voluntarily resides...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex-parte decree - Setting aside - Summons not served - Publication of notice in newspaper - Defendant on account of militancy shifted from Srinagar to Jammu - In these circumstances, even if he had some vague knowledge that summons were sent to his address at Srinagar, it cannot..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, 25 -- Ex parte decree - Setting aside - Some of the defendants residing out of country - Procedure U.O.5.R.25 to be followed - Court committed serious illegality in ordering publication of notice in local newspaper - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Before ordering substituted service Court is required to record its satisfaction that no other way is available to serve notice except adopting exceptional method...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - No material available to the satisfaction of Court to arrive at conclusion that defendant is keeping out of the way for the purpose of avoiding service or that for any other reason summons cannot be served in ordinary way - Application for substituted service, dismissed...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Cannot be allowed on the ground of multiplicity of defendants - Such is not a ground to permit application seeking substituted service...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Service of summons through publication - Defendant denied service of summons or knowledge of suit - On denial, presumption regarding service of summons stood rebutted - Burden shifted upon plaintiff to prove that summons were served upon defendant..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, 17 -- Ex parte decree - Setting aside - Ex parte decree passed on the basis of publication of notice in a newspaper - Order of service of summons by substituted service, held, not proper, as report of process server attested by a witness but his address not mentioned - In absence of..........
