Civil Procedure Code, 1908, Order 5, Rule 15 -- Service of summons - On an adult member of family - Before resorting to provision contained U.O.5.R.15 CPC, it has to be shown that defendant was absent from his residence at the time when service of summons was sought to be effected and there was no likelihood of his being found at the residence within a reasonable time - It..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 15 -- Ex parte divorce decree against wife - Setting aside - Father received summons by stating that she had gone out of station - Wife in her application did not state that she was not residing in the house of her father - Wife even in petition to High Court gave her address which is..........
Civil Procedure Code, 1908, Order 5, Rule 1, Civil Procedure Code, 1908, Order 29, Rule 2 -- Service of summons at corporate office of Company - Service is valid and good service when summons alongwith plaint have been duly received at such office - O.29.R.2 CPC does not limit service of summons to registered office of Company alone...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 5 -- Stay of execution proceedings till disposal of first appeal - Petitioner has preferred an appeal as against judgment and decree passed in suit and he has having good case in appeal - Direction issued to First Appellate Court to dispose of appeal within a period of eight weeks...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 254 days in filing appeal - Delay on account of not having sufficient funds to pay Court fee - Insufficient funds not a ground to condone delay...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of judgment and decree during pendency of appeal - Mere filing of appeal would not operate as a stay unless appeal is listed and there is an interim order...........
Limitation Act, 1963, Section 5, Family Courts Act, 1984, Section 19(1), Hindu Marriage Act, 1955, Section 28(4), 13 -- Decree of divorce - Appeal against - Limitation to file appeal is 90 days - Since appeal is filed within a period of 90 days as such there is no need to entertain application for condonation of delay...........
Civil Procedure Code, 1908, Order 5, Rule 17 -- Service of summons - Process server mentioned the names of two persons who had witnessed the act of refusal to sign the summons - Process server however failed to mention the address of those persons - In such situation, Court has no hesitation to hold that provision of O.5.R.17 CPC is not followed...........
Civil Procedure Code, 1908, Order 5, Rule 19 -- Service of summons - Requisite affidavit not sworn by process server - Report made by Nazir over the summons, does not fulfill the mandatory requirement of O.5.R.19 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Ex parte decree - Setting aside - Service of summons - Mandatory provisions of O.5.Rr.17 & 19 CPC not complied with by process server - It cannot be held by any stretch of imagination that this is mere irregularity in the service of summons - Ex parte decree set aside...........
