Northern India Canal and Drainage Rules, 1878, Rule 79(A), 79(B), 79(C), 79(C), 79(D), 79(E), 79(F), 79(G), 79(H), 79(I) -- Service of summons, notice, order or requisition - Personally to be served, delivered or communicated, made imperative by Rule 79-D - Substituted service only in a given situation as envisaged by Rule 79-F when number of co-sharers is so numerous -..........
Limitation Act, 1963, Article 123 -- Limitation for setting aside ex-parte decree - Begins from date of decree or from date of knowledge of passing of ex-parte decree if summons or notice not duly served and substituted service shall not be deemed due service...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 16 -- Additional witnesses summoned by Rent Controller - Witnesses appeared in Court in response to summons - Rent Controller's refusal to examine witnesses on objection by opposite party - Improper - Once Court summoned witnesses and witnesses present in response to summons - Proper to examine the witnesses...........
Punjab Security of Land Tenures Rules, 1953 -- Rule 11 - Punjab Tenancy Act (16 of 1887), Sections 85, 89 and 90 - Punjab Tenancy Rules-Rule 6 - Ejectment of tenant - Summoning of witnesses - Assistant Collector asking tenant to produce witnesses on his own responsibility by taking dasti summons - Illegal - Tenant if deposits process fee and diet money for witnesses -..........
Punjab Tenancy Act, 1887, Section 84 -- Revision - Ejectment - Concurrent orders of three Courts i. e. Ejectment ordered by Assistant Collector upheld in appeal by Collector and in revision by Commissioner - Tenant asked to bring witnesses on his own responsibility by taking dasti summons - Material irregularity resulting in grave injustice to tenant - Interference in..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 2 -- Summons not in prescribed form and without copy of allegations in the plaint - Summons invalid - Ex-parte decree set aside...........
Civil Procedure Code, 1908, Order 5, Rule 9 -- Service of summons - Knowledge of pending litigation irrelevant - Sufficient service only if there is no proof delivery of summons or refusal...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Refusal to accept service on ground of misdescription in summons - Is sufficient cause for setting aside the ex-parte decree set aside...........
Civil Procedure Code, 1908, Order 30, Rule 3 -- Suit against firm - Mode of service of summons...........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Defendant expressed his disinclination to appear and answer by refusing the summons - Court not bound to postpone the hearing to a further date...........
