Civil Procedure Code, 1908, Order 9, Rule 6(b), 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service, recording of reasons - Defendant No. 1 not served whereas defendant No. 2 duly served and represented by his counsel - Without recording any reasons Court on that date itself directed that defendant No. 1 be summoned through munadi for next date - Court..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, Civil Procedure Code, 1908, Order 5, Rule 19-A -- Exparte decree - Setting aside - Service of summons by publication in newspaper - No steps taken for affixation on residential premises - No steps taken for service of summons by registered post - Summons not duly served - Setting..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Exparte decree - Setting aside - Substituted service - Order directing substituted service was not passed in accordance with mandatory provisions of O.5.R.20 CPC - Exparte decree set aside...........
Civil Procedure Code, 1908, Order 20, Rule 11 -- Co-surety cannot insist that the creditor should proceed either against the principal debtor or against other sureties before proceeding against him as the liability of a surety is joint and several. (Contract Act, 1872, S.128)...........
Civil Procedure Code, 1908, Section 96(3), Order 20, Rule 5-A -- Order 20.R.5-A is not attracted when consent decree is passed as no appeal lies against such a decree...........
Civil Procedure Code, 1908, Section 20 -- The place where the plaintiff resides or carries on business in itself will not give jurisdiction to the Court at that place...........
Civil Procedure Code, 1908, Section 20 -- `Cause of action' - It is a bundle of facts which the plaintiff must prove, if traversed to entitle him to a judgment in his favour by the Court...........
Civil Procedure Code, 1908, Section 20(c) -- Jurisdiction - Agreement for sale of flat at Bombay - Part payment made at Bombay - Contract cancelled - Son of plaintiff received money for plaintiff - Intimation of it given to defendant at Delhi - The letter merely communicated what had already happened, that is, the agreement had already been cancelled at Bombay - No part of..........
Civil Procedure Code, 1908, Order 20, Rule 5 -- Civil cases are decided on preponderance of evidence - Plaintiff not obliged to prove a fact like a criminal charge...........
Civil Procedure Code, 1908, Order 20, Rule 4 -- Scribe of agreement a man of shady character being a dismissed Patwari - A man might have remained shady in his past career, but that stigma does not work for all times to come - Before acting upon statement of such witness (scribe) corroborative evidence should be looked for...........