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Asha Choudhary vs Rajesh Kumar on 28 February, 1992

10. The law is settled that as far as possible the personal service is to be affected, but, the defendant who is served by publication, appears and makes a prayer to supply a copy of the plaint to contest the suit, the Court is bound to order to supply the copy of the plaint so as to enable the defendant to know, the concise statement thereof and the particular claim brought by the plaintiff against him, and make up the mind against the claim, that is why Order 5 Rule 2 of C.P.C. provides that annexing copy of plaint to summons is mandatory and if, the summons are searved without supplying the copy of the plaint, the service cannot be deemed to be valid. See a Division Bench decision of this Court in the case of Smt, Chhutbai and Another v Madanlal and Another, AIR 1989 MP 330.
Madhya Pradesh High Court Cites 9 - Cited by 2 - Full Document

New India Assurance Co Ltd vs Nanua & Ors on 26 October, 2010

8. I have also gone through the judgments cited by the appellant to the effect that in the absence of any cogent evidence that Tek Chand was an employee of respondent No.3, he would not be entitled to any compensation under the Act. Reference has been made to M/s Shalimar Rope Works Ltd. Vs. M/s. Abdul Hussain H.M. Hasan Bhai Bassiwala and Ors., AIR 1980 SC 1162, Jwali and Ors. Vs. Babu Lal and Anr., AIR 1958 Allahabad 564, Smt.Chhutbai and Anr. Vs. Madanlal and Anr., AIR 1989 Madhya Pradesh 330. However, once the appellant has not been able to controvert the evidence led by the respondent establishing that the deceased Tek Chand was working on the tanker belonging to respondent No.3 and the said tanker was being used for carrying out the activities of that respondent under the FAO No.251 /2005 Page 3 of 4 instructions of that respondent and at the time of the accident he was very much sitting on the tanker, this defence as pleaded by the appellant is not available to them.
Delhi High Court Cites 4 - Cited by 0 - M C Garg - Full Document

Mandir Shri Ram Janki, Kasba Porsa vs Smt.Anarkali on 23 November, 2015

In support of submission made by the learned counsel for respondent, reference has been made to the decision of Supreme Court in case of N. Balakrishnan Vs. M. Krishnamurthy reported in 1998 (7) SCC 123 and in case of Smt. Chhutbai & Another Vs. Madanlal & Another reported in AIR 1989 MP 330. It is also submitted that the conduct of the plaintiff should also be seen.
Madhya Pradesh High Court Cites 8 - Cited by 0 - Full Document

Mandir Shri Ram Janki, Kasba Porsa vs Vidyaram (Dead) on 23 November, 2015

In support of submission made by the learned counsel for respondent, reference has been made to the decision of Supreme Court in case of N. Balakrishnan Vs. M. Krishnamurthy reported in 1998 (7) SCC 123 and in case of Smt. Chhutbai & Another Vs. Madanlal & Another reported in AIR 1989 MP 330. It is also submitted that the conduct of the plaintiff should also be seen.
Madhya Pradesh High Court Cites 8 - Cited by 0 - Full Document
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