service of Writ of Summons and in the present case the Writ
of Summons had not been served on the defendant as required ... rules, once a Warrant of Arrest is served there
is no necessity of serving the Writ of Summons, the main object being that a
party
serving officer to
endorse or annex or caused to be served, annexed or caused to be
served, annexed or to the original summons returned stating ... service of summons and it reads as
follows :
"R.76. Mode of service of summons.-- A Writ of
Summons shall be served within
under the signature of Registrar and the person who serves or
attempts to serve the summons/notice shall file an affidavit of service and
Gauri ... only from
the date of service of summons and, therefore, when summons itself has not
been served, the time to file written statement
Kagal, District Kolhapur ]... Petitioner.
Versus
1 State of Maharashtra ]
[summons to be served on the learned]
Additional Government Pleader
ig ]
appearing for State of Maharashtra ... Special Land Acquisition Officer No.12]
Old Rajawada, Kolhapur ]
[summons to be served on the learned]
Additional Government Pleader ]
appearing for State of Maharashtra ]
under
served on two partners in the defendant firm. In addition it was served upon defendants Nos. 3 and 4, The notices served with the writ ... served as a partner.
42. If the firm name includes the legal representatives of a deceased partner, and they are served with the summons
Court issued summons on the defendant.
However, the defendant did not appear though summons were duly
served. The trial Court decreed the suit exparte ... summons on different place as mentioned in
the Rule. However, the sub-rule(iii) gives further option that the
summons can be served in such
transmitted to him, the Court
issuing the summons shall declare that the summons
had been duly served on the defendant:
Provided that where the summons ... postal article containing
summons or has refused to accept summons when tendered, the
Court issuing the summons should declare that summons has been
::: Downloaded
certainly a record
of the act of the bailiff, who served summons on the petitioner,
as directed by the Court. On this basis ... document. It was submitted that since the
bailiff went with the summons to serve the petitioner, on the
directions and official act of the trial
aforesaid defendant for
recovery of money. The defendants on being served with summons,
put in appearance through their Advocate and sought time to file ... summons to be issued and served
on the defendant;
(c) When summons served but not in due time--if it
is proved that the summons
entry of issuance
of suit summons. However, it is not mentioned
in the Roznama whether the suit summons was
served on the respondent ... conclusion that the
address in the suit summons was incorrect and
also the suit summons was not served upon the
respondent No.1. The District
