Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 2, Civil Procedure Code, 1908, Order 9, Rule 6(1)(c), Limitation Act, 1963, Article 123 -- Exparte decree - Setting aside - Limitation - Starting point - When summons is not accompanied with copy of plaint or when summons is served after date of appearance, then period to set aside..........
Civil Procedure Code, 1908, Order 5, Rule 2 -- Summons - When summons is sent calling upon a defendant to appear in Court and file his written statement, it is obligatory on the part of Court to send a copy of the plaint and other documents appended thereto, in terms of Order 5, Rule 2 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 6(1)(c) -- Summons - Served after date fixed for appearance - Court to fix another date for appearance and direct plaintiff to take steps for service of fresh summons...........
Civil Procedure Code, 1908, Order 5, Rule 9 -- Summons - Service of summons through process of Court is mandatory...........
Civil Procedure Code, 1908, Order 5, Rule 9, Civil Procedure Code, 1908, Order 41, Rule 14 -- Appeal - Service of summons - Service of summons through process of Court is mandatory - Several process servers gave notice relating to service and their endorsements sufficient to show service of notice - No material to show that such reports were false or erroneous - Order..........
Civil Procedure Code, 1908, Section 2(2), 33, Order 41, Rule 14 -- Validity of decree passed without due service - Suit for declaration challanging validity of sale deed - Trial Court dismissed suit - Before filing of appeal defendant shifted to another place - In appeal service affected by way of ordinary summons, registered post & munadi at old address of defendant -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Signatures on summons denied - Court is duty bound to take specimen signatures and to send same for a comparative test and get an opinion from FSL - Exparte decree set aside...........
Civil Procedure Code, 1908, Order 5, Rule 1, 20 -- Summons - Refusal to accept - Service by Munadi ordered - Notwithstanding the issuance of a fresh notice by substituted service, the effect of earlier service when summons were refused is not nullified - Held, defendant was duly served on the day he refused to accept summons...........
Negotiable Instruments Act, 1881, Section 141 -- Statutory requirements - Where Court is required to issue summons which would put the accused to some sort of harassment, Court should insist strict compliance of the statutory requirements...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Can be summoned only on the basis of evidence led at the trial - Summons issued on the basis of evidence recorded by police and before evidence was led in the trial - Order patently illegal - Set aside...........
