Civil Procedure Code, 1908, Section 27 -- Summons - Mentioning of specific "day, date, year and time" in the summons is a statutory requirement - It is not an empty formality - If specific day, date, year and time for defendant's appearance in Court concerned is not mentioned in summons though validly served on defendant by any mode of service prescribed under O.5, it will..........
Civil Procedure Code, 1908, Section 27, Order 5, Rule 20(3) -- Service of summons - Expression "time" in O.5.R.20(3) CPC has to be read harmoniously and in juxtaposition with the requirement of mentioning of specific "day, date, year and time" in the summons prescribed u/s 27 r/w statutory format Process IA of Appendix-B appended to CPC...........
Civil Procedure Code, 1908, Section 27 -- Service of summons - Object of service of summons is essentially threefold: (i) it is to apprise defendant about filing of a case by plaintiff against him; (ii) to serve defendant with copy of plaint filed against him; (iii) to inform defendant about actual day, date, year, time and particular Court so that he is able to appear in..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20(3), Civil Procedure Code, 1908, Section 27 -- Ex parte decree - Setting aside - Service of summons on defendant without mentioning therein a specific day, date, year and time cannot be held as "summons duly served" on defendants within the meaning of O.9.R.13 CPC, as such summons and..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Appeal - Court to pass a reasoned order which must contain narration of bare facts of the case of the parties to the lis, issues arising in the case, submissions urged by the parties, legal principles applicable to the issues involved and reasons in support of the findings on all the issues in support of its conclusion...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Evidence closed by order after granting eight effective opportunities including three last opportunities - Said order not challenged - Application for additional evidence is in fact a back door entry which will have the effect of setting aside the order of closing evidence - Moreover by way of additional..........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - Plaintiff filed application when case was at the stage of arguments that defendant be directed to produce Income Tax Returns and documents relating to previous litigation - Application not maintainable as O.11.R.14 CPC does not envisage filing of any application at the stage of arguments...........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Non compliance of O.7.R.3 CPC - It is a curable defect...........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Immovable property - Map - Omission on part of plaintiff - Default or carelessness of litigating parties does not absolve trial Court of its obligation - Court can point out the omission on the part of plaintiff and should insist of a map of immovable property...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Proceedings U.O.9.R.13 CPC are not rendered infructous for the mere fact that husband contracted a second marriage after passing of ex parte decree of divorce in his favour...........
