Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - Reason for non service of summons is no, availability of defendant when summons were about to be served - Despite correct address given, no steps were taken by plaintiff to serve defendant on correct address - Even otherwise, suit property is valuable and..........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit for recovery - Dishonour of cheque - Non-appearance of defendant within 10 days despite being served with summons - Allegations in plaint are deemed to be admitted and plaintiff is entitled to a decree for a sum not exceeding the sum mentioned in summons - However, trial Court erroneously while treating the suit..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 18 -- Setting aside ex parte decree - Summons - Non-compliance with the provision of O.5.R.18 - Where official stamp of appellant-company is there on summons, service upon Manager of appellant-company is not required to be witnessed by any of the employees working there - No defect in..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Can be set aside if summons were not duly served or if a party is prevented by sufficient cause from appearing in response to the summons...........
Delhi Rent Control Act, 1958, Section 25B -- Eviction petition - Bonafide requirement - Limitation for purpose of filing leave to defend - Mode of service - Both modes of service are mandated and have to be resorted to simultaneously by Controller - However, if service through one mode is completed or successful, that is deemed sufficient, irrespective of whether other..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte order - Setting aside - Summons pasted on door - There is lapse of not recording evidence of process server - However, in case appellant was keen to show that summons was not accompanied with copy of plaint, then nothing could have stopped appellant from moving application before trial Court to seek direction to cross..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Drop of proceedings at the stage of recording of evidence - S.258 of the Code is not applicable to a summons case instituted upon a complaint...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aide - Suit for declaration - Summons not personally served upon defendant, as plaintiff himself signed as witness of service of summons and no independent witness signed on summons - Contention of plaintiff that defendant engaged two counsels which proves the knowledge of decree on the part of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Ex parte order - Setting aside - Plea of non service of summons - Purpose of service is to inform the opposite party of the proceedings taken up in Court by a party against him - If a party is sufficiently aware of pendency of such proceedings in a court of law against him, it is his duty to be diligent and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Ex parte order - Setting aside - Service of summons at the address where parties last resided - However, parents of husband informed process server that husband had shifted to place at `C' and also gave the address of husband - Court also issued summons at the address at place `C' - After repeated summons sent to..........
