The petitioner sought direction for expeditious disposal of a restitution of conjugal rights suit, alleging non-service. The Court found the Order Sheet recorded service by mobile call to the defendant's mother, which is not acknowledged under Order V CPC. Consequently, the petition for superintendence was dismissed.
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
MATTERS UNDER ARTICLE 227 No. - 741 of 2026
Aman Gupta @ Aman Kasaudhan
.....Petitioner(s)
Versus
Khushi Gupta @ Khushi Kasaudhan
.....Respondent(s)
| Counsel for Petitioner(s) | : Anil Kumar Singh |
|---|---|
| Counsel for Respondent(s) | : |
Court No. - 17
HON'BLE SUBHASH VIDYARTHI, J.
February 27, 2026 Ram.
(Subhash Vidyarthi,J.)
Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether an initial notice by mobile call to the defendant's mother constitutes valid service of summons under Order V CPC?
3 provisions across 3 enactments
Aman Gupta @ Aman Kasaudhan
Khushi Gupta @ Khushi Kasaudhan
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
