Help Require 23 June 2015

Help require against BAILIFF who delayed to serve notice

Hi All,

I have filed divorce case around 8 months ago. I appeared six times inside court. I gave application to court serve notice by hand to respondent and I have taken that notice. Respondent denied to taking notice by hand. So I have sent notice by registered post two times with details of hearing on behalf of Court. I have taken report of notice delivered two times to respondents from post office. I submitted application with details of notice served by registered post. But magistrate still told us that we will not give ex parte until received report from BAILIFF. Please let me know what process of notice served to respondent through BALIFF. Respondent is staying different city. What action I will take against BAILIFF?.

Can we file case against BAILIFF or show cause notice to delay in delivery of SUMMONS? When I asked my advocate about it. He told me that give 5000/- to any BAILIFF. He will give report immediately. I don’t want to go by wrong way. Please let me know what I can do against BAILIFF. Is it possible that we can file show cause notice against BAILIFF and suspend him?. Please explain me process of BAILIFF to serve notice and how we can catch such b*st*rds who didn’t served notice for small amount. Please let me know process to punish such Bastards.

Also please let me know steps against BAILIFF which I can take to punish him. I asked my advocate to check BAILIFF. But he told me that BAILIFFs are from court. So we can't do against them from such delay in delivery. I really confused about my advocate oponion also.

Please help whether my advocate is correct or wrong. May i switch advocate who is giving incorrect suggestions?..

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5 Replies

Anand Bali Adv. (Advocate Solicitor & Consultant) 23 June 2015

Dear Friend, Either you are not able to ask correctly with your Advocate or any one else or they are befooling you on this point of service of Notice.

In case the notice is to be served at out station; in that case the summons are sent through the that very city's court bailif and his report is sent by the normal post to the court of issuing notice. and in case of the local service of the notice there is a register maintained in the court office in which all entries are made as such that when the notice was received to be served and when actually it has been served or not and if not why and what was the reason of it's non service.

There is no need of paying any thing in bribe to any one and simply you have to ask the court that you should be allowed to serve the notice DASTI by registered post. It will be either served or unserved or denied by the receiver; in case it is denied it will be ought to be delivered in the eyes of law as only one can deny to receive after when he knows what id it and for what about it is, so in that case the communication is complete and it will be deemed to be taken as delevered.

On the other hand you can file a complaint addressed to the DJ of the court or Principle Family Judge against the particular Bailiff for intentionally not serving the notice and not submitting the report of service.

Please note only assigned Bailiff can submit the report of service of your notice an not any one as it has been advised to you by your Advocate.

Help Require 24 June 2015

Thanks for youre help Anil sir.. I appreciated your response.

Dr J C Vashista (Advocate) 24 June 2015

Dear Help Required,

1. Bailiff is for execution of decree whereas it is Process Server (PYAADA) to serve summon / warrant, an integral part of Nazir in Nazaarat Branch of district judge under the supervision of Administrative Civil Judge.

2. Let the PS may take the summons for service and file his report. The Court may also summon the process server to depose qua service of summon. If the PS do not find any adult person at the address, may affix the summons at a conspicious place on the door of the house under instructions from the Court, take photograph and submit to the Court, service is presumed complete.

3. If still unserved and Court is not satisfied with service, file application (Or. V R 20 CPC) for substituted service by publication.

Anand Bali Adv. (Advocate Solicitor & Consultant) 25 June 2015

I appreciate the manner in which our Senior Adv Mr J C Vashishta has replied the whole question of service of summons. I regret to mention Bailiff instead of mentioning Process Server in my reply as the question it self was wrong by mentioning Bailiff word instead of Process Server in case of service of summons/ warrants and notices.

Work of Bailiff is to execute the decree/ order of the case.

In your particular case where there is a delay in service by the Process server you can make a complaint against him with the District Judge of the court with a copy to the Administrator of the Nazarath Branch whos dirct control is on the Process Server and where a register is maintained mentioning that which process server was appointed to serve the summons / notices and whether it has been served or not and why not? In relation to the out station summons the court concerned sends the sommmons to the court of the receiving end and it is then served through the their local Process server.

You can demand for PF RC dasti in which you have to get prepare one duly stammped envelop on your cost to be sent through the Registered Post or by the authorised couriier of the court for delivery of the summons.

In case the summons are not received by this exercise also by Process Server/ Registered Post/ or by putting the copy of the summon pasted on the door of the receiver; you can ask in court for the alternate service of summons by putting an advertisement in local news paper by the court on hyour expense.