Civil Procedure Code, 1908, Order 5, Rule 15 -- Service of summons - On an adult member of family - Before resorting to provision contained U.O.5.R.15 CPC, it has to be shown that defendant was absent from his residence at the time when service of summons was sought to be effected and there was no likelihood of his being found at the residence within a reasonable time - It..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 15 -- Ex parte divorce decree against wife - Setting aside - Father received summons by stating that she had gone out of station - Wife in her application did not state that she was not residing in the house of her father - Wife even in petition to High Court gave her address which is..........
Civil Procedure Code, 1908, Section 151, Order 11, Rule 14, 15 -- Production of documents - Neither any reason reflects for delay in filing application, nor it shows how document in question is relevant for disposal of controversy involved in the matter - More so, there is no averment in written statement with regard to subject document - Dismissal of application calls for..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Defence of tenant can be struck off in the event of default in paying monthly amount of rent within a week from date of its accrual...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Tenant had offered to pay the rent to landlord - However, landlord himself refused to accept the same - Provision of O.15.R.5 CPC in such situation cannot be attracted - Application to deposit rent in Court, rightly dismissed...........
Civil Procedure Code, 1908, Order 33, Rule 15, 15A -- Permission to sue as indigent person - Application rejected - Court may grant time to pay requisite Court fee, within such time or extended time, as is fixed by Court - On payment of Court fee suit shall be deemed to have been instituted on the date on which application for permission to sue as an indigent person was..........
Civil Procedure Code, 1908, Section 47, Commercial Courts Act, 2015, Section 15 -- Execution - Objection regarding territorial jurisdiction of Court - Petitioner contended that in view of S.15(2) of Commercial Court Act, execution application was not maintainable before civil Court and it ought to have filed before Commercial Court - However, said plea was neither raised..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Tenant did not deposit monthly rent due within a week of its accrual in accordance with his liability under second part of O.15.R.5(1) CPC - Instead, tenant made applications for adjustment of rent due against expenses towards painting and repairs etc., which are not relevant..........
Civil Procedure Code, 1908, Order 5, Rule 15 -- Serving of summons - On adult member of family whether literate or illiterate is a valid service...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Power to strike off defence is not to be exercised by treating it to be a statutory mandate - It is thus, not obligatory for Court in every case to strike off defence because of some delay in deposit of admitted rent - Judge of Small Cause Court held, justified in rejecting..........
