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...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Service by publication in Newspaper cannot be said to be sufficient service in absence of recording of satisfaction by Court that defendant was intentionally evading service or that he could not be served in ordinary course - Even otherwise, in the instant case, petitioner is rustic illiterate villager,..........
Civil Procedure Code, 1908, Order 5, Rule 20 -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 5, Rule 20 -- Exparte decree - Setting aside - Summons not duly served - Report of refusal - Not attested by an independent witness - Process server was told that defendants had gone to his workshop - Does not amount to refusal - No justification to order substituted service - Order..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 5, Rule 20 -- Exparte divorce Proceedings - Setting aside - Summons not duly served - No occasion to effect substituted service by way of affixture unless shown that service was refused - Decree obtained in fraudulent manner in undue haste to perform remarriage - Conduct of husband..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Service of summons - By substituted service - Does not mean that service in the normal mode was not proper or correct...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Can be ordered only when one of the following conditions is satisfied (i) the defendant is keeping himself away to avoid service of summons; or (ii) for any other reason, the summons cannot be served in the ordinary way - Non fulfilment of either condition necessary for exercise of power would amount to..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Can be ordered when defendant cannot be served in the ordinary way though defendant may not be avoiding or evading service of summons and yet it may not be practicable to effect personal service upon him, e.g. where the defendant is a pardanashin lady, or is missing, or her whereabouts are not known, or..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Court not to order substituted service in absence of material before the Court that defendant was avoiding service and/or that it was not possible to serve the summons on the defendant in the ordinary course...........
