.... He has only advanced the grounds of non-service of summons because of wrong address. In that respect the Courts below have already recorded the finding that notice issued throu..., therefore, the defendant cannot plead ignorance about pendency of the suit or non-service of summons. Both the Courts below also held that when notice was issued in both the ways, seryice of not...knowledge about institution of a suit is not sufficient for the defendant to appear and contest the suit unless a summons in the suit is effectively served and therefore service of notice under...

...submitted that the petitioner was not even aware of the case pending against him. The serving police official, have made wrong statement qua the service of warrants upon the petitioner, if any. In fact, th...matter amicably with the present petitioner. In any case, the petitioner has no intention to flee from the course of justice. He intends to appear before the Trial Court to face further proceedings in...intention and desire to appear before the Court, then it would not be unjustified to protect him from being arrested. In view of the above, the present petition is allowed and Order...

..., Jabalpur and the Tribunal presumed the service of those summons/notices upon him which were sent at the wrong address given in the suit. On the basis of knowledge through his friend rec...appellant at the same address which were given in the suit filed before Civil Court, Bhopal and after due service of the summons, appellant himself had appeared there by putting in his appearance ...-defendant were returned with endorsement that the present appellant is not residing at the address given in the suit. The summons were not issued again to the appellant and the Tribunal took this service...

...original suit, the suit summons were not served upon her. The wrong address in which she was not residing was shown, as such, taking the service of summons as served, the matter was proce...such, it may be viewed that, when the plaintiff prima facie has taken the service of summons through the newspaper publication to the alleged wrong address, which in turn, has resulted in...appellant-defendant was not residing in the said address at the time of service of notice by way of paper publication, the appellant-defendant was not aware of the suit or the decree and ...

...surveyor gave his report as Deft.No.3 residing at Mumbai. Hence summons is not served and plaintiff has shown wrong address in plaint. The process surveyor has clearly shown the reasons for non service ... W.P.No.203879/2015 - 1 - IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE... ISSUE A WRIT, DIRECTION OR ORDER IN THE NATURE OF CERTIORARI BY QUASHING ANNEXURE-E ORDER DATED 10.07.2015 PASSED BY THE CIVIL JUDGE (JR.DN) & JMFC...

...any evidence to lead any evidence to rebut the same. It is a case where the husband has over-reached the Court in procuring a false report about the service of the summons on the wife. Originally he gave ...husband he is to be blamed for this and since he himself;f is responsible for mentioning the wrong address of the wife and in procuring false report and over-reaching the Court in obtaining ex-parte...petition for annulment of marriage her wrong address was given and instead of mentioning village Aima Kalan, village Naurangabad was mentioned, that she was never served personally or by any other mode...

....3. Miss Chowdhury learned Advocate for the petitioner submits that since the service of summons at the new and/or other and/or changed address of the defendant was proved by the postal peon...for service of summons on the defendant at his other and/or changed and/or new address in the true perspective of the provisions of sub-rule (8) of Rule 14A ...address of the defendant as ordered by the court that the plaintiff was to take steps, prayed for service of summons at the changed and/or new address of the defendant which prayer was al...

...petitioner is having no concern with the Company in question. He further contends that although the FIR was registered in 2011 but the petitioner was not aware of the same and infact the service of ...- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-3245-2024 Date of decision: 10.04.2024 Ajay...for grant of regular bail to the petitioner in case FIR (Annexure P-1). Details of the FIR are as under: - FIR No. Dated...

...submits that the plaintiffs gave a wrong address in the cause title of the plaint and, therefore, the acceptance of service of summons by the Court is improper and the petitioner...does not imbibe within itself the eventuality when the service has been effected improperly and/or irregularly. If the Court wrongly recorded the declaration as to the service of summons upon the defendants, it doe...deciphered from the address incorporated in the application under Order XXXIX Rule 2A of the Code. According to Mr. Mitra, if the plaintiffs omit to take steps for fresh service of summons, the Co...

Can't display summary as content is Scanned, Please open the judgment to see full content.

...published the 11 summons in the Newspaper for the service of summons in the suit vide C.S. No.71 of ...:- (i) Whether the service of summons/notices through paper publication as per Order-5, Rule-20 of the C.P.C, 1908 against the defendants in their ...- 20 of the C.P.C, 1908 against the defendants in their wrong addresses given in the published summons/notices in the Newspaper shall be deemed as sufficient ...

...defendants by mentioning wrong address and that the plaintiff made publication by way of substituted service in "Patrikeyam" newspaper, which has no wide circulation. He furthe...on D1 to D3. On 19.09.2014, it was noted that permission to publish notice for D1 to D3 by way of substituted service in 'Patrikeyam' daily newspaper was granted by the Court below in I.A.No.1319 of... JUDGMENT This appeal, under Section 96 of C.P.C., is directed against the judgment and decree dated 01.11.2014 passed in O.S.No.241 of ...

...making the half payment even at the stage of staying the execution while the service of the summons in the suit filed by the opposite party was alleged to be made on the wrong address and...irregularity in the service of summons, it is satisfied that the defendant had notice of the date of hearing and had sufficient time to appear and answer the plaintiff's claim][Expl...another Application 7-C for staying the execution of the decree which was being executed in Execution Case No. 218/2003 in the Mumbai Court. The application under Order IX, Rule 13...

...O.P No. 1 as made out in the said application is that the plaintiff gave his wrong address and suppressed the service of summons upon him by practising fraud as a result of which he never...for present O.P No. 1.defendant No. 27 has trenuously argued on the point of non-service of summons upon defendant No. 27 in his residential address where he has been living. The learned advocate ...the service return of summons which is marked exhibit-A I find that the address of defendant No. 27 along with the other defendants named in the summons was given as vill-Hariharpur, Hrid...

...Forum. 8. The opposite parties mentioned in the grounds of appeal that no notice was ever issued to them by the District Forum, nor they refused to accept the service of any such summons...address already furnished was the last known address of that opposite party. Thereafter, that opposite party was ordered to be served, through substituted service, by publication of notice in the ...amount to deficiency in service and adoption of unfair trade practice; on account of which he suffered mental harassment. He prayed for the issuance of following directions to the opposite parties...

...was 9/6172, Gali Jain Mandir, Gandhi Nagar, Delhi-110031. It is also admitted that while entering into appearance on service of summons defendants 1 & 2 filed address for service of notice on ...reports of service of the summons as well as various notices and the reports of postman with regard to summons for judgment sent at the address mentioned in the plaint as well as...appearance.8. In the instant case summons for judgment were required to be served upon address filed by defendant Nos. 1 & 2 for service of notice on them. The said address is 9...

...service, were not received by them, on account of the wrong address having been furnished by the complainants, in the District Forum, and, as such, they were not aware that the same (consumer complaint.../appellants/Opposite Parties were never duly served, on account of the wrong address, having been furnished by the complainants, in the consumer complaint. It was further stated that the Opposite Parties..., from 01.04.2013 till payment, which came to be Rs.1,87,500/-, upto 31.07.2014; compensation, to the tune of Rs.50,000/-, for deficiency in rendering service, mental agony and physical harassment...

...reason, that summons for their service, were not received by them, on account of the wrong address having been furnished by the complainant, in the District Forum, and, as such, they were not awar...applicants/appellants/Opposite Parties were never duly served, on account of the wrong address, having been furnished by the complainant, in the consumer complaint. It was further stated that the Opposite...incorrect or incomplete, as a result whereof, summons could not be served upon them, and, as such, they could not put in appearance, before the District Forum, for want of service, and, on the other...

...service, were not received by them, on account of the wrong address, having been furnished by the complainant, in the District Forum, and, as such, they were not aware that the same (consumer complaint.../Opposite Parties were never duly served, on account of the wrong address, having been furnished by the complainant, in the consumer complaint. It was further stated that the Opposite Parties had...a certified copy of the order dated 13.11.2014, passed in the consumer complaint. Nothing was mentioned, in this application, that wrong address of the Opposite Parties was given by the...

...2014, in the consumer complaint, on account of the reason, that summons for their service, were not received by them, on account of the wrong address, having been furnished by the complai.../appellants). It was stated, in the application, for condonation of delay that the applicants/appellants/Opposite Parties were never duly served, on account of the wrong address, having been furnished by...Parties, amounted to deficiency, in rendering service, as also indulgence into unfair trade practice. When the grievance of the complainants, was not redressed, left with no alternative, a complaint...