Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Mere irregularity in the service of summons or where defendant had notice of date and had sufficient time to appear in Court, Court shall not set aside the ex parte decree...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex parte decree - Setting aside - Limitation is 30 days from the date of passing of decree - However, in circumstances where summons or notice is not served, the period of 30 days is to be reckoned from the date of knowledge of decree...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - To set aside ex parte decree case should fall in either of the two categories viz. (i) that summons were not duly served and (ii) that there was sufficient cause for not appearing on the date when suit was called out for hearing...........
Criminal Procedure Code, 1973, Section 204(4), 256(1) -- Dismissal of complaint for non-prosecution - Once the summons have been issued and accused appeared before Court but complainant was not present, accused ought to be acquitted u/s.256(1) Cr.P.C. - Order of dismissal of complaint u/s 204(4) Cr.P.C. is illegal...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons without copy of plaint - Since it is a matter relating to immovable property, it would be only appropriate that parties have full contest on the respective contentions by pleadings in trial - Ex parte decree set aside subject to payment of costs of Rs.25,000/-...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons without copy of plaint - Delay - No application for condonation of delay filed - When there is no due service of summons then there is no delay in filing the application...........
Criminal Procedure Code, 1973, Section 401, 232 -- Revision - Maintainability - Order of acquittal - Trial Court passed order u/s.232 Cr.P.C. on ground of absence of prosecution witnesses without actually finding out whether summons had really been served and warrants had been executed - Upon perusal of record by High Court it is found that notices were not served upon..........
Central Excise Act, 1944, Section 37C(a) -- Excise - Adjudication order in case of recovery proceeding - Appeal before Commissioner - According to S.37C(a) of the Act any decision, order, summons or notice may either be sent by registered post with acknowledgement due to the person concerned or his authorized agent - Employee on whom the decision was tendered was mere..........
Civil Procedure Code, 1908, Order 5, Rule 9 -- Service of summons - Court can order service through registered post simultaneously with the service through its processing agency...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Court issued summons by way of ordinary process as well as through registered post - Ordinary summons not received back whereas summons through registered post received back with report of refusal - Postal employee made two efforts before making report of refusal showing an honest effort of..........
