Criminal Procedure Code, 1973, Section 133 -- Proceedings are in nature of summons case - Party No.1 not leading any evidence - Evidence adduced by party No.1 in rebuttal of evidence adduced by party No.2 - Held, such evidence is of no effect since proceedings are not civil proceedings - Proceedings vitiated for non-compliance with summons procedure - Order of demolition..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Can be ordered only on satisfaction that there was reason to believe that the defendant was keeping out of the way for the purpose of avoiding service or that for any other reason the summons cannot be served in the ordinary way...........
Civil Procedure Code, 1908, Order 16, Rule 1, 10 -- Witnesses summoned and diet money and process fee paid - Inspite of this evidence closed by order - Held, in the event of non-receipt of the summons from the process serving agency, the official at fault is answerable and in case witnesses do not appear despite service then the Court to proceed against them U.O.16.R.10 -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Proviso - Exparte decree - Setting aside - Name and addresses of witnesses not mentioned in whose presence affixation of summons was made at the house of the petitioner - Defendant had notice of date of hearing - Exparte decree on basis of irregularity in service of summons cannot be set aside...........
Civil Procedure Code, 1908, Order 5, Rule 2 -- Summons - Due service - Service of summons without copy of plaint on 7.10.1997 for 13.10.1997 - Non appearance of defendant hence proceeded exparte and subsequently ejectment order passed - Trial Court set aside the exparte ejectment order as service of summons without copy of plaint considered to be not due service in the eye..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Exparte temporary injunction - Effect of it on public purpose must be considered - Undertaking must be obtained from party to compensate for injury or loss caused by injunction - Even when injunction is granted exparte, adherence to requisite legal norms like finding of prima facie case, balance of convenience and..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - No evidence of proper service of summons on defendant - Exparte decree rightly set aside...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Publication of notice - Cannot be ordered unless Court is satisfied that defendant is avoiding service of summons or summons cannot be served in the ordinary way...........
Civil Procedure Code, 1908, Order 5, Rule 17, 18 -- Summons - Service - Refusal - In that event process server to affix copy of summons and plaint on outer door or some other conspicuous part of the house in which the defendant is stated to be residing - Thereupon process server is required to make report in that behalf - Then alone report of refusal can be treated to be..........
Civil Procedure Code, 1908, Order 5, Rule 6 -- `Sufficient time' - Summons served two days earlier to the date fixed in the case - Court located at a few kilometres away from the house of the defendant - Cannot be termed as insufficient or unreasonable...........
