Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - No sincere attempt made to effect service by ordinary course or by sending summons by registered post - Mere service by publication in newspaper is not sufficient service...........
Civil Procedure Code, 1908, Order 20, Rule 18, Hindu Women's Right to Property Act, 1937, Section 3, 14 - - Partition - Suit land was owned and possessed by father of plaintiff who died leaving behind four widows including defendant - Defendant in view of provision of 1937 Act entitled to claim partition of 1/4 share - Having got decree of 1/4th share, she acquired title..........
Evidence Act, 1872, Section 114(g), Civil Procedure Code, 1908, Order 20 -- Fact stated in judgment as to what transpired at the hearing is conclusive of the facts so stated and no one can contradict such statements by affidavit or other evidence - If facts so stated are not correct then it is incumbent upon the party to call the attention of the very Judges, who have so..........
Civil Procedure Code, 1908, Order 20, Rule 5 -- Inter-connected issues - Joint decision - Held, when issues are inter-connected, it is always open to Court to decide the issues together - Merely because issues are decided together, judgment cannot be said to be illegal or perverse...........
Civil Procedure Code, 1908, Order 20, Rule 6(1) -- Decree - Must be in consonance with the judgment - Decree when not drawn in accordance with judgment then it is not the fault of the party - Drawing up of a decree is the function of the Court and its office, and it would be unreasonable to penalise a party for the default of the office and to deprive them of their rights..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Exparte eviction order - Setting aside - Substituted service allowed as premises found locked - Plea of tenant that as premises were locked as such summons sent at this address cannot be considered duly served - However, tenant in reply to notice specifically denied the allegation..........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Each of three sub clauses in S.20 CPC are separated with the conjunction 'or' denoting thereby that each of them operate independently...........
Civil Procedure Code, 1908, Order 20, Rule 18, Civil Procedure Code, 1908, Order 26, Rule 14 -- Partition suit - For proper adjudication of the dispute a detailed enquiry and reasons are necessary before confirming the Commissioner's report which will be culminated in the final decree in a suit for partition...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Held, once defendant is residing abroad, substituted service by publication in a local daily is not sufficient...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Service by way of publication - Court has to specify the newspaper which has to be a daily newspaper circulating in the locality in which the defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain...........
