Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 18 -- Setting aside ex parte decree - Summons - Non-compliance with the provision of O.5.R.18 - Where official stamp of appellant-company is there on summons, service upon Manager of appellant-company is not required to be witnessed by any of the employees working there - No defect in..........
Civil Procedure Code, 1908, Order 9, Rule 4, Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Ex parte order - Setting aside - Process server failed to observe mandatory requirement of O.5.R.17 CPC, before resorting to record refusal straightaway, without even, obtaining statement of witness to that effect - Even no affixation was done at door or on conspicuous..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Service of summons through publication - Defendant denied service of summons or knowledge of suit - On denial, presumption regarding service of summons stood rebutted - Burden shifted upon plaintiff to prove that summons were served upon defendant..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, 17 -- Ex parte decree - Setting aside - Ex parte decree passed on the basis of publication of notice in a newspaper - Order of service of summons by substituted service, held, not proper, as report of process server attested by a witness but his address not mentioned - In absence of..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Propriety of substituted service upon co-defendants - Order of substituted service upon unserved defendants cannot be challenged by those who are served in ordinary course as they cannot be said to be person aggrieved by the order...........
Civil Procedure Code, 1908, Order 5, Rule 20, Civil Procedure Code, 1908, Order 22, Rule 4 -- Substituted service - Defendants who have died treated to be served on the basis of substituted service - Consequences of not bringing the legal representatives of deceased defendant on record is not obliterated...........
Civil Procedure Code, 1908, Order 5, Rule 9 -- Service of summons - Court can order service through registered post simultaneously with the service through its processing agency...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 20 -- Ex parte eviction order - Setting aside - Service of summons by affixation on the outer door of house - Process server opined that doors were locked and he has affixed the summons on the outer door of the house - Petitioner failed to show sufficient reasons for setting aside..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - For ordering substituted service, it must be shown that defendant is keeping out of the way for the purpose of avoiding service or that for any other reason, summons cannot be served in the ordinary way...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Publication of notice in daily newspaper - When service is intended by an advertisement in a newspaper, newspaper shall be a daily newspaper circulating in the locality in which defendant is last known to have actually and voluntarily resides or carries on business or personally works for gain...........
