Civil Procedure Code, 1908, Order 5, Rule 20, 17 -- Service of summons - Party had gone abroad - Father did not know the address - Procedure contemplated U.O.5.R.20 to be followed and not that provided U.O.5.R.17 CPC...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Service by substituted mode - Permissibility - Held, it cannot be effected U.O.5.R.20 CPC unless Court is satisfied that there is reason to believe that defendant is keeping out of way for purpose of avoiding service or that for any other reason summons cannot be served in ordinary manner...........
General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114 - - Service of summons - Presumption as to - Held, it is settled law that if summons issued by registered post bearing correct address of defendant and is returned by postal authorities with report of "refusal", there is presumption that addressee received summons sent by registered post - However said..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 37, Rule 4 - - Ex parte decree - Setting aside of - Held, it is settled law that ex-parte decree against defendant can only be set aside if he satisfies Court that summons had not been duly served or he was prevented by sufficient cause from appearing and further in addition, there existed..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 30, Rule 3, Civil Procedure Code, 1908, Order 21, Rule 50 -- Ex parte decree - Setting aside - Partnership firm - Service of summons on defendant No.1 partner of the firm cannot be presumed to be service of summons on defendant No.2, who is sued in his individual capacity although allegedly..........
Transfer of Property Act, 1882, Section 114 -- Appeal against decree for eviction - Application u/s 114 of the Act for deposit of entire arrears of rent and release from forfeiture is not maintainable at the belated stage - Such application could only be filed at the initial stage of filing of the suit itself and as soon as the defendant is served with the summons...........
Civil Procedure Code, 1908, Order 9, Rule 13, Evidence Act, 1872, Section 101 -- Ex parte award - Setting aside of - Plea of no, service of summons - Evidence not adduced that summons were not duly served upon company but to some unknown person not working in company had received same - Company failed to prove that summons were not served upon it and thus had failed to..........
Civil Procedure Code, 1908, Order 5, Rule 1 -- Summons - Service - Purpose and object of service of any Court notice is that concerned person against whom other side wants to claim any relief and/or want them to make some payment, and/or have some rights which they want to execute, must be joined as a party - It is also necessary for Court to verify and confirm before..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court can exercise power U.O.7.R.11 CPC at any stage of the suit either before registering plaint or after issuance of summons to defendants or at any time before conclusion of trial...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Extension of time - Power of Court - Held, after the amendment of O.8.R.1 CPC an obligation is caste upon defendant to file WS within 30 days after service of summons on him - However, for reasons to be recorded in writing Court may extend the time up to 90 days for filing written statement - Provision of..........
