Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service -Summons not served - Munadi - Cannot be ordered on the first date when summons had been received back unserved - Reason for not effecting the service not stated - No fault of the defendant - Munadi also not properly effected - Nothing on record that defendant..........
Civil Procedure Code, 1908, Order 9, Rule 11 -- Defendant failing to appear despite service of summons and did not file the written statement - Averments in the plaint deemed to be admitted - Suit for damages and mesne profits decreed...........
Civil Procedure Code, 1908, Order 29, Rule 1(a) -- Service of summons on a Cor-poration is to be in accordance with O.29 R.2(a) - If provision is not complied with, service of summons is not in accordance with law...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service can be ordered only if the respondent is keeping out of way for the purpose of avoiding service or if for any other reason the summons cannot be served in ordinary course - The Court has necessarily to record its satisfaction that the defendant is keeping out of the way for the purpose of avoiding service...........
Civil Procedure Code, 1908, Order 5, Rule 15 -- Service of summons - May be effected on any adult member of the family residing with the defendant - Exparte proceedings cannot be resorted to without making an attempt to service the persons in possession of the property - Even the wife of the tenant has locus standi to move an application for setting aside exparte..........
Civil Procedure Code, 1908, Section 115 -- Finding regarding service of summons - Is a finding of fact - No interference in revision...........
Limitation Act, 1963, Article 123 -- Exparte decree - Setting aside- Limitation is 30 days - Starting point of limitation is the date of decree and in case summons or notice was not duly served then from the date of knowledge of the decree.(Civil procedure Code, 1908, O.9.R.13)..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Plaint which does not disclose cause of action can be rejected at any stage of the suit, even if the Court has issued summons to the defendant...........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Decree - Setting aside - If special circumstances exist decree can be set aside - Non service of summons falls within the ambit of the expression special circumstances...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Exparte eviction order - Injunction sought from dispossession - Plea that tenant was not party to suit - Held, not tenable in view of fact that she was joint tenant and decree is binding on her - Service of summons on her also, upheld - Tenant giving undertaking before lower Court for vacating house..........
