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    <title>1983 (8) TMI 308 - CALCUTTA HIGH COURT</title>
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    <description>Substituted service can be sustained only where the record shows that ordinary service cannot be effected or that the defendant is evading service; as the materials did not establish due service or justify resort to substituted service, the ex parte decree was liable to be set aside. The limitation objection under Order 9 Rule 13 must rest on a proved and reliable date of knowledge; since the alleged date of knowledge was not satisfactorily supported, the application was not time-barred. The revisional application was allowed, the orders below were set aside, and the suit was restored for further proceedings.</description>
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    <pubDate>Tue, 23 Aug 1983 00:00:00 +0530</pubDate>
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      <title>1983 (8) TMI 308 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=199472</link>
      <description>Substituted service can be sustained only where the record shows that ordinary service cannot be effected or that the defendant is evading service; as the materials did not establish due service or justify resort to substituted service, the ex parte decree was liable to be set aside. The limitation objection under Order 9 Rule 13 must rest on a proved and reliable date of knowledge; since the alleged date of knowledge was not satisfactorily supported, the application was not time-barred. The revisional application was allowed, the orders below were set aside, and the suit was restored for further proceedings.</description>
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      <pubDate>Tue, 23 Aug 1983 00:00:00 +0530</pubDate>
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