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zanof   11 July 2023

How to ask court to recall dasti summons order and instead use court procedure?

I am party in person
Court has asked me to issue a dasti summons by registered post to opposition. But my registered post are not getting delivered for over a year now and I have been complaining to Post dept.
How can I inform court that I cannot issue the summons due to the postal problem and request the Court to use its own process?

Should I file a memo? If so, what should it say?



Learning

 10 Replies

Mr. Sumitra kumar (Advocate)     11 July 2023

When returned, postal department assigns a reason for non-delivery. Reason?

P. Venu (Advocate)     11 July 2023

What is the reason for he registered post being not delivered? What is the reason recorded by the postman on the envelope? 

zano   13 July 2023

The online status shows successfull delviery and the envelope is not returned. But the cknowledgement card never reaches. For a few posts I took proof of delivery through RTI and there the seal is too light to consider it valid, plus no date.

All of this I have put in complaints to post dept but no effect. So how to tell Court I will not be able to reliably sned by post?

Mr. Sumitra kumar (Advocate)     13 July 2023

@Querist- Do you still think that you deserve a reply?

Thank you.

zano   14 July 2023

@Sumitra Kumar

To get the answer please browse court records where decades have been spent over whether a document is geniune or not. if something like a khata / sale dded document can be deemed forged a mere postal acknowledgement /proof of delivery is too trivial to even reflect for a few secs.

Only those who want to waste time in unnecessary litigation will rely on flimsy documents whose validity is on shaky grounds. Yes, its good business for an advocate but hell for the litigant.

So if your advising anyone to go ahead with such documents that would indeed be bad advice.

The pitfalls of not serving summons are not trivial since the case can fail on procedural grounds.

But the good thing is that there are possibly other advocates who have good sense and can provide some useful answers!

Mr. Sumitra kumar (Advocate)     14 July 2023

@Querist, 

Fowllowing should be noted in view of your latest post on this thread-

1.As a practising advocate, I never advise free of cost in litigation matter but only on substantive matter.

2.I never advised you as to whether to go for litigation or not.

3. If you didn't understand the importance of my reply, then I can't help you to grasp the nutshell.

4.If you are so conversant with the matter, there is no question to reply upon others.

5.Never try to browbeat advocate especially without considering their worth.

[Last Reply on this thread]

Thank you.

P. Venu (Advocate)     14 July 2023

There are many a missing fact! First of all, why dasti notice? Which Court? What is the type of case?

If a civil suit filed in a civil court, summons by registered post is required only if the defendants reside outside the State. Even then, registered post is sent on behalf of the Court at the expense of the Plaintiff.

If it is that it is dasti notice, the petitioner/applicant is required to sent the summons by registered post and file affidavit of service. As regards to proof of delivery the same could be accessed at indiapost.gov.in. Even if it is the case that acknowledgement has been received, postal department is prompt in replying to the complaints.

zano   14 July 2023

@P Venu

Yes this is a sumons I am supposed to send by registered post and file receipt.

I have been trying to attach a proof of delivery image but attaching  is failing silently.   So let me provide a external link: u can view it here.

Now withot a clear proof of delivery it will become a litigation amter if I did serve properly. Opposition can claim I did not serve or Judge may rule I did not serve. Its just not worth risking trying to prove I did serve when I can't get clear proof of delivery.

I would rather have the court do it so that I dont get blamed for process flaw in serving summons


Attached File : 966284 20230714213514 pod seal invalid.pdf downloaded: 17 times

P. Venu (Advocate)     15 July 2023

You are assuming too many things, I am afraid, File affidavit of service with the documents you have and leave it to the Court as to there has been Notice is proper or otherwise. To my knowledge, the Court is not required to be hyper-technical as to proof of service. 

zano   17 July 2023

@P Venu

Even if  the Court does not delve deep, opposition can always claim they were not served and even I  cannot vouch that this kind of proof of delivery is valid.

I made a mistake when I agreed to post the summons -I had forgotten about my postal problems

Instead iit would be simpler for Court to use its own process -the opposition are in the same city as the Court. I just do not know how to ask Court to use its own process


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