ashok kumar (Social Worker) 15 January 2014

Order 39 rule 1 & 2

Order 39 Rule 1 & 2 Notice

Plaintiff Files suit for restraining defendant from dispossessing the plaintiff from the property (wrongfully claiming that he is in possession of the property although the fact is that, the property is in the possession of the defendant already)

The case is posted for 24^th Dec 2013. The notices are dispatched on 21^st Dec 2013, Dispatched on 23^rd Dec 2013 & received by the defendant on 24^th Dec late hours of the day. The defendant stays out of the municipal limits of the court

Queries:

1.Can the Court grant TI without the positive report of notice being served

2.Since before the first date 24^th Dec 2013, no notices could be served, will the Court sent notices again and inform the date or the late service on 24^th Dec 2013 itself constitutes a service?

3. Does the late service on 24^th Dec 2013 entails upon the defendant any duty to go to the Court and find out the next date or the defendant should wait for the next date to be intimated by the Court

ashokkumar@calibreplacements.com

Reply Follow

4 Replies

(Guest)

Once the Proof of Service is filed in the court there will be no further intimations unless the Honorable Judges feel so.Better make your representations thro your advocates.

ashok kumar (Social Worker) 16 January 2014

Thanks Narsimha Sir

Pl let me know what course will the Judge take if the proof of service is not produced by the Plaintiff

That the notice is served is not known to the Judge because the AD was not returned

(Guest)

It is private notice sent by the advocates of plaintiff.Even with out A/D they could get the postal dept confirmation.You are also supposed to get court summons.Even with out A/D if the letter doesn't gets returned with in a maximum period of 21 days it would be treated as served only.Or the Judge might post it for next date.

G. Y. Sharma (Advocate) 26 May 2014

I agree with the opinion of Mr. Ashok Kumar @ Narasimha. Apart that, even if it is proved that appropriate notices are posted to the address of the Respondents under due process, it would be sufficient and the delivery of notices would be presumed under Sec. 27 of The General Clauses Act.

G. YADAGIRI SHARMA,

M. Com., LL.M.,

G. AMRUTHA KUMARI,

M. Com., LL.M.,

ADVOCATES

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Vidyaranyapuri, Hanumakonda.

WARANGAL DISTRICT – 506 001

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