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NUPUR BHATI
Mohan Lal – Appellant
Versus
Bheru Lal Bafna official receiver of Bhopal Singh Lrs (deceased) – Respondent
ORDER :
(Nupur Bhati, J.)
The instant writ petition has been preferred by the petitioner under Article 226 and 227 of the Constitution of India with the following prayers:-
ii) Any other appropriate writ, direction, order or relief which is found favourable to the petitioner in the facts and circumstances of this case may kindly be granted.
2. Brief facts of the case are that the petitioner is a tenant of the shop situated in Pansari Bazar, old Dhanmandi, Bhilwara and prior to him his father Sujanmalji had occupied the shop in question in the capacity of a tenant. In respect of this shop late Shri. Bhupal Singh filed a partition suit in the District Court Bhilwara on 08.12.1983 and along with the suit, an application under Order 40, Rule 1 CIVIL PROCEDURE CODE 1908 (hereinafter referred to as CPC in short) was submitted for appointing an official receiver and accordingl
The High Court, exercising its extraordinary jurisdiction under Article 227 of the Constitution of India, cannot reappreciate the evidence or substitute its subjective opinion in place of the finding....
The absence of clear evidence of service of summons necessitates setting aside an ex parte decree, emphasizing the right to due process and the opportunity to contest claims.
Order V Rule 19 of CPC, mandates that before declaring fact that summons have been duly served, it was obligatory for this Court to examine Process Server, on oath, as requisite affidavit has not bee....
Compliance with mandatory provisions of service of notice and the relevance of the 'date of hearing' as a consideration for proceeding ex-parte.
The central legal point established is the requirement for proper adjudication and compliance with legal procedures, particularly in cases involving service of summons and awareness of legal proceedi....
Ownership issues cannot be adjudicated in eviction suits; certified copies of public documents are admissible as evidence.
The main legal point established is that the trial court must ensure proper service of summons and comply with the legal requirements for substituted service.
Proper service of notice is essential in execution proceedings; failure to follow mandatory procedures renders ex-parte orders invalid.
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