Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition - Severance of joint family status - Held, as soon as plaint (Partition suit) was presented by "R", there will be presumption that coparcenary status of the family ceased - Therefore, in the present case, coparcenary status of the family ceased in the year 1989 itself when plaint was presented - Gift deeds were..........
Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction - Invoice containing clause 'All disputes subject to Gujarat jurisdiction' - Invoice not signed by defendant - Invoice is unilateral one - Cannot be said that there is an agreement to confer exclusive jurisdiction to Gujarat...........
Civil Procedure Code, 1908, Order 20, Rule 3(as, Civil Procedure Code, 1908, Order 49, Rule 3(5) - - Recall of judgment - Judgment pronounced in open Court - Not signed - Inadvertent mistake detected in Judgment - Judge can recall, alter and correct relevant part of judgment after notice and fresh hearing...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Can be ordered only when one of the following conditions is satisfied (i) the defendant is keeping himself away to avoid service of summons; or (ii) for any other reason, the summons cannot be served in the ordinary way - Non fulfilment of either condition necessary for exercise of power would amount to..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Can be ordered when defendant cannot be served in the ordinary way though defendant may not be avoiding or evading service of summons and yet it may not be practicable to effect personal service upon him, e.g. where the defendant is a pardanashin lady, or is missing, or her whereabouts are not known, or..........
Civil Procedure Code, 1908, Order 20, Rule 18, Civil Procedure Code, 1908, Order 41, Rule 1 -- Ex parte preliminary decree - Pendency of application for setting aside - Passing of final decree - Effect - Held, pending an application to condone delay in filing an application for setting aside ex parte preliminary decree, if a final decree is passed, on setting aside of ex..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Court not to order substituted service in absence of material before the Court that defendant was avoiding service and/or that it was not possible to serve the summons on the defendant in the ordinary course...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service by affixation of summons - Service must be effected by affixing the summons at two places namely (i) in some conspicuous place in the Court-house and (ii) upon some conspicuous part of the house of defendant in which he is last known to have resided or carried on business or personally worked for gain...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service by registered post - Can be ordered by invoking O.5.R.20 CPC despite deletion of O.5.R.20-A CPC which permitted service by post...........
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 15, Rule 1, Civil Procedure Code, 1908, Order 20, Rule 5 -- Judgment on admission - Framing of issues - Necessity of - Held, necessity to frame issues, much less to record evidence is obviated in cases where claim of plaintiff is admitted by defendants at threshold - If admission is in its..........
