Criminal Procedure Code, 1973, Section 91 -- Issuance of summons for production of documents - In absence of averments by petitioner that documents warrant summoning on account of their relevancy to case and necessity to meet ends of justice, petition u/s.91 Cr.P.C. cannot be allowed...........
Consumer Protection Act, 1986, Section 13(2)(b)(ii) -- Ex parte order - Service of summons and the notice by post for which acknowledgement received - If officers of the appellant were negligent in not appearing before the State Commission there was no alternative for the State Commission but to proceed ex parte - On this ground the order passed by the State Commission..........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 16, Rule 1, 1-A -- Examination-in-chief of a witness on affidavit - Provision of O.18.R.4(1) CPC applies only when a party examines a witness without issuance of summons as contemplated U.O.16.R.1-A and not of a witness who is summoned U.O.16.R.1 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Decree not executed as per prescribed procedure - Court also not gave a finding on service of summons on defendant or as regards sufficiency of causes preventing him to appear in suit by adducing evidence - Once it is found that decree has not been duly executed, provision of O.9.R.13 is..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Non service of summons - Not a ground to set aside exparte decree when Court is convinced that defendant had otherwise knowledge of the proceedings and he could have appeared and answered the plaintiff's claim...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Representative suit - Service on defendants made party to the suit - Public notice of suit given informing about representative nature of the claim - Does not mean that there is no requirement of service of summons on the defendants made party to the suit - Service on defendants not proved to..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing in time - Defence struck off on 92nd day - Written statement could not be filed due to non receipt of copy of plaint alongwith summons by defendant - Provision of O.8.R.1 CPC is directory in nature - Court in exceptional circumstances can extend time beyond 90 days for filing written statement so..........
Consent decree -- Challenged on grounds of fraud and impersonation - Set aside on following grounds - - (i) Summons for service of defendant sent on wrong address, not served upon her. (ii) Advocate alleged to have appeared on behalf of defendant, well acquainted with plaintiff and his father. (iii) Statement of plaintiff in the said suit and advocate reveals that..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Defendant for getting it set aside is required to establish that either summons were not served on him or he had sufficient cause for remaining absent on the date fixed for hearing the suit ex parte...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - In case no steps were taken for service of summons upon defendant and/or the service of summons is irregular, it is for defendant to establish as to when he came to know about the passing of the exparte decree...........
