Civil Procedure Code, 1908, Order 16, Rule 12 -- Witness - Not appearing despite issuance of bailable warrants - Court to summon witnesses by issuing non bailable warrants or through concerned police station - Court not to close evidence by order...........
Civil Procedure Code, 1908, Order 16, Rule 12 -- Failure of witness to appear despite service of summons - Court not to close evidence - Court to summon witness through bailable warrants...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Plea that signature attributed to defendant in the summon is not that of defendant - In the summons defendant's name was signed as "Tarsan Singh Bhagal" whereas defendant used to sign as "Tarsem Singh Bhogal" - If defendant had actually signed, there could have been no occasion for..........
Civil Procedure Code, 1908, Order 16, Rule 1(2)(3) -- Summons to witnesses - Mere fact that plaintiff has not mentioned the names of witnesses and documents produced in its plaint, ipso facto is not a ground to negate the plea to summon its witnesses as plaintiff was not legally required to mention names of witnesses and documents sought to be produced in plaint...........
Civil Procedure Code, 1908, Order 16, Rule 19 -- Summons to witnesses - Court has vast powers to allow a party to summon witnesses in order to effectively adjudicate upon the case, notwithstanding the fact that witnesses are not residing within jurisdiction of court...........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Witnesses - Reasons for summoning - A party does not have a liberty of citing several witnesses without taking Court to confidence why the Court's process was being taken to summon a particular witness...........
Civil Procedure Code, 1908, Order 16, Rule 1 - - Defendant cannot summon plaintiff as his witness...........
Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Service of summons - Validity - Serving officer sought to serve summon of suit on defendant - Defendant not available - Since defendant was not available, therefore, his wife who was residing with him, was sought to be served with notice but she refused to accept notice - Thereafter, copy of notice was affixed on his..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Setting aside - Refusal to receive summons - If there is Court endorsement that a party had refused to receive the summon even then, there is no presumption of the correctness of the refusal unless bailiff himself had been examined in Court to speak about the..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte Decree - Setting aside - Plea that after restoration of suit to its original number, no summon was served on petitioner - However, petitioner after restoration of suit to its original number appeared on various dates and participated in proceedings - Even issues were settled in the presence of counsel of parties -..........
