Written Statement -- Service of Ex Parte Injunction Order -- Not equivalent to service of summons for computing limitation
Civil Procedure Code, 1908, O.8 R.1 -- Written Statement -- Service of Ex Parte Injunction Order -- Cannot be treated as service of summons under Order V CPC so as to trigger the 120-day period for filing written statement. Service under Order XXXIX Rule 3 CPC merely intimates the opposite party of an interim order and the material on which it is based; it does not satisfy the statutory requirement of service of summons. The 120-day period runs only from valid service of summons in the manner prescribed under Order V CPC, and mere knowledge of proceedings through receipt of an injunction order does not commence limitation.
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