Aks 28 June 2018

Evading court summons

Evading Court Summons seems like a common tactics used by some people in India. I am facing such a situation in probate case of my father's Will. I know that registered AD was returned as "unclaimed" because the person either bribed the postman or did something else to delay the court process for months. And he did succeed as the next court date was fixed after 6 months. If India can send rockets to Moon and Mars,,,why Indian Courts can not even deliver summons in timely fashion ?

Successful evasion of summons encourages crooks and disappoints law abiding people and it also makes a mockery of India's justice system. This person very well knows the loopholes and weakness of Indian Courts and therefore he once told me "this is India..Laws dont matter here...we can drag the case for many years even if you have the genuine Will.

Courts need to design a better system of summon delivery to discourage people who take advantage of weakness in Summon delivery proceess by delaying the case and blackmailing the petitioners. Lets have Digital India in summon delivery !

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3 Replies

GOPALAKRISHNA 30 June 2018

you are right sir...

Aks 01 July 2018

Its too much fake noise in India about "becoming a Superpower" "5 trillion economy" and blah blah blah... the most impotant requirement for a nation to become a superpower is to have RULE OF LAW and peoples belief that one who is right will win in the courts. And justice delayed is justice denied.

It seems the crooks win too often as the justice system have serious flaws such as in the very process of delivery of summons in archaic way.

If the Govt wants..the summon delivery system can be fixed easily. Police can be used to ensure Summons are delivered in time. (In USA, Police delivers the summons sometimes)

If "unclaimed" summons return. they should be sent back again quickly and can be sent back again and again until they are claimed.. There should be some punishment for wilfully evading the summons.....It all can be fixed if Govt wants to do it. Unfortunately, in a country where too many people believe in fraudulent ways..including politicians, govt officials and police itself....the forces who want change are thwarted ..

However, there have been clear improvement in last few years and peoples' belief in following Laws of the land are slowly coming back as they see Lots of Lalus in prison.

Advocate Ravinder (Advocate/Attorney) 21 July 2018

If the defendant is evading summons, you can pray the court to appoint Advocate Commissioner. You can take the Advocate Commissioner with you to the place of Defendant. The Adv Commissioner will serve the notice/Summons either to him personally or to his wife, major children. It is a good service of notice.