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Author Topic: Court Summons  (Read 499 times)

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Offline raghava777

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Court Summons
« on: March 28, 2016, 08:25:56 AM »
What is the process to send a court summons to a person , if we don't know the address of that person. We have sent summons 3 times but every time it is coming back saying wrong address.


Offline rajgopal sripathi

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Re: Court Summons
« Reply #1 on: March 28, 2016, 08:31:30 AM »
Hi
You can explore the option of Substituted service

2. Substituted service—Order V, Rule 20(1), of the Code of Civil Procedure, provides that when
the Court is satisfied that the defendant is keeping out of the way for the purpose of avoiding service, or
that, for any other sufficient reason the summons cannot be served in the ordinary way, service may be
effected by affixing a copy of the summons in some conspicuous place in the Court house, and also in
some conspicuous place of the house, if any, in which the defendant is known to have last resided, or
carried on business, or personally worked for gain, or in such other manner as the Court thinks fit.

3. Plaintif’s duty before obtaining orders substituted service—It should be noted, in this
connection, that it is the plaintiffs duty to use his best endeavours to discover the defendant‟s residence
and to satisfy the Court that he has done so and that the defendant is evading service or for any other
sufficient reason cannot be served in the ordinary way. It is only after all the other prescribed methods of
effecting service have been tried and have failed that it is open to the Court to exercise the discretionary
power conferred by the concluding words of Order V, Rule 20(1), of the Code.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

Offline raghava777

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Re: Court Summons
« Reply #2 on: March 28, 2016, 08:51:19 AM »
Thank you Rajgopal, we have partition case and we have 5 defendants, 4 defendants accepted the summons and counter filed but 1 person summons are not served, Can we request for paper publication of this person summons?

Please advise.

Offline adv.amarnath

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Re: Court Summons
« Reply #3 on: March 28, 2016, 10:03:05 AM »
Obviously. When it is appears from the returned summons with remarks of 'wrong address' it is the best time to pray before court for alternative summon service on particular person by way of Paper Publication.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline raghava777

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Re: Court Summons
« Reply #4 on: March 28, 2016, 10:17:24 AM »
Thank you Amarnath.

Offline adv.amarnath

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Re: Court Summons
« Reply #5 on: March 28, 2016, 10:49:51 AM »
If you like my comments then please click APPLAUD just right hand side of this post
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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