defendant shows deemed service of
summons or waiver of the right to have the summons served on him.
Needless to say this would ... defendant has
appeared in court without service of summons it would be deemed that
summons stand served on him and that he has waived
summons was sought to be served through registered post, but was
refused, and there was no attempt to serve summons by affixture as per Order ... finding that
non-service of summons was not proved. The finding, that
summons was served, does not, in our opinion, in the context
in which
have a party served personally. In the present case, no efforts
were made by the Process Server to personally serve the summons upon the
respondents ... addition to
issuing of summons for service upon the tenant, the Court shall also direct
summons to be served by registered post, acknowledgement due, addressed
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
procedure for examination of serving officer which reads as under:
"rule 19: Examination of Serving Officer:
"Where a summons is returned under rule ... serving officer, the rule says that the Court shall examine the
serving officer on oath. It is only where the affidavit of the serving officer
that summon under section 131 was issued on 18.11.2016 but in
response none attended till date. This means that summon has been
served. In these ... that summon under section 131 was issued on 18.11.2016 but in
response none attended till date. This means that summon has been
served. In these
Limitation Act is in two parts. In a case where summons have
been served upon a party, the first part shall apply. However ... shall apply.
13. The counsel contended that in this case, the summons
was served and also the defendants appeared through the
counsel and filed
duly served, (ii) when summons not duly served, and
(iii) when summons served but not in due time. In the
first situation, which is relevant ... here, when it is proved
that the summons was duly served, the court may make
an order that the suit be heard ex parte
summons. Similarly he had endeavoured to effect the service of
summons to the witness Chinnappa Gounder on 06.10.2003,
however, the same could not be served ... served or could not be arrested at the time when the
bailiff concerned went to enforce the warrant or serve the
summons, the same does
Peon' in Election Tribunal, who was deputed duty of serving summons and this was a part of an 'official duty ... endorsement made by Revisionist on the summons that copy of summons alongwith Election Petition (plaint) has been served upon Jeevad. Actual endorsement made, reads
