Civil Procedure Code, 1908, Order 9, Rule 13, 6 -- Summons - Service - Refusal - Witness - Endorsement on summons shows that there was no witness available on the spot - Defendant runs a shop and the shop will be situated in a locality where there are other shops and houses - To say that there were no witnesses available on the spot is unbelievable - Defendant deposed on..........
Civil Procedure Code, 1908, Order 9, Rule 13, 6 -- Summons - Service - Refusal - Witness - Endorsement on summons shows that there was no witness available on the spot - Defendant runs a shop and the shop will be situated in a locality where there are other shops and houses - To say that there were no witnesses available on the spot is unbelievable - Defendant deposed on..........
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 9, Rule 13 -- Exparte decree - Setting aside - Due service of summons - Summons sent four times and also by registered post - Service effected by refusal - Both the Courts below holding that defendant had knowledge of suit and intentionally did not appear - No illegality in orders of Courts below...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 10, 12, 17, 19 -- Ex parte decree - Setting aside - Summons - Service - Refusal - Court should follow procedure as laid down in Rules 17 & 19 of Order 5 - If such procedure is not followed, ex parte decree to be set aside...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Refusal to receive summons - Not witnessed by any person - Report of refusal by process server not supported by an affidavit - Process server affixed the summons at the house on refusal to receive summons - Held, process server on his own, is not competent to decide as to what mode of substituted service..........
Punjab Land Revenue Act, 1887, Section 20 -- Refusal of service - Procedure of sub-sections (2) and (4) of Section 20 should be followed - Sub-section (2) provides that if acceptance of service refused, summons may be served by posting a copy thereof at the usual or last known place of residence of person - Sub-section (4) provides that summons may be served either in..........
Civil Procedure Code, 1908, Order 5, Rule 19-A -- Provision does not require that service of summons by both the modes, i.e. by registered post acknowledgment due as well as through Court should necessarily be served in order to constitute proper service - If summons are served by any one mode as provided in the provision it is sufficient service - Summons sent by..........
Quick Disposal of Cases -- Summons - Service - Random checking of `personal' as well as service by `refusal' has to be made by District Judge and his Deputy designated as Officer Incharge, Nazarat - Stringent and prompt action should be taken against process server making fake report - Summons should contain time period after which defendant/opposite party would have to..........
Civil Procedure Code, 1908, Order 5, Rule 19-A -- Provision is mandatory - A duty is case on the Court to issue summons by ordinary process also when Court orders service through registered post - Notice was sent by registered post without obtaining orders from the Court to that effect - Refusal thereof - Held, appellant was not served in accordance with law...........
