Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Defendant ordered to be served as per registered post - Less fee deposited and hence ordered to be served through Munadi - Held, Court is expected to take in such like case, the mandate of Order 5 envisaging personal service and not ordering service by Munadi without exhausting other..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service -Summons not served - Munadi - Cannot be ordered on the first date when summons had been received back unserved - Reason for not effecting the service not stated - No fault of the defendant - Munadi also not properly effected - Nothing on record that defendant..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 11 -- Ex-parte decree - Setting aside - Process servers report that defendant is not residing in the village - No order as to substituted service-On the basis of Munadi in the village defendant proceeded ex-parte-Knowledge of suit or ex-parte decree of one defendant cannot be attributed..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Publication in newspaper - A paper which has little or no circulation in the area where the defendant resides - No satisfactory evidence of Munadi - Such substituted service is of no avail...........
Land Acquisition Act, 1894, Section 4 -- Publication of substance of notification in locality - Resolution of Panchayat that Mushtari Munadi should be done by village Chowkidar - Nothing to show that this resolution of Panchayat carried out or that publication of substance of notification under Section 4 as a matter of fact made in village or locality - Non-compliance with..........
