Diffandants
Querist :
Anonymous
(Querist) 08 June 2010
This query is : Resolved
Dear Experts , I was suit filed in district court for interim injenction & partition suit of agricultural lands , the court was sended summons & notices to the 32 diffandants illegal defendants enchrochers on my said patta lands , but the diffandants was not come forwarded to the court they denied the court notices & summons & they not subbmitted any documents to the said lands ,know can my case will stands in the court or it will be dissolved ? next what can i do for the case matter ,kindly give suzesstion to my problem the case has postphoned on 17th of this month this is second hearing on 17th
of this month kindly give me suzessition to my problem ,thanking you sir .
Ruchi Gupta
(Expert) 08 June 2010
u can convince the court that these persons are avoiding the summons,, so the court has power to issue the summon in a substituted wat, i.e. u/ o.5 r.20 of cpc, 1908.
Raj Kumar Makkad
(Expert) 08 June 2010
If the defendants avoid summons or do not appear before court despite of their due service then court can proceed them ex-parte and your case shall then be heard one sided and such ex-parte decree, if passed in your favour shall also have similar value before law and your land can be got vacated from those encroachers by getting execution of that decree.
Devajyoti Barman
(Expert) 08 June 2010
What is the status of the Return of summons? If it has returned with service then the case would be heard ex parte. If not then again you have to send or wait for its return or can go for alternative service through news paper publication. In any case the court is to be satisfied that the defendants have been intimated by the recognised method of service after which you need not worry about their appearance.
Guest
(Expert) 08 June 2010
YOU MAY KINDLY APPLY FOR NOTICE AND GET THE NOTICE SERVED THROUGH COURT BALIFF AS THIS IS A CIVIL COURT MATTER.
IN CASE NOTICE IS ALREADY SERVED OR REFUSED BY THE RESPONDENTS IT IS A SERVICE OF NOTICE AND THE COURT CAN PROCEED EXPARTE AND PASS JUDGEMENT.
IN CASE ANY RESPONDENTS NOTICE IS NOT SERVED THEN YOU MAY APPLY TO THE COURT FOR ALLOWING SERVICE OF NOTICE BY NEWS PAPER PUBLICATION OF NOTICE BASED ON BALIFF REPORT.
KINDLY NOTE THAT YOU HAVE TO DEPOSIT THE AMOUNT OF NEWS PAPER PUBLICATION IN THE COURT OR TAKE NOTICE FROM THE COURT AND GIVE IT FOR NEWS PAPER PUBLICATION AS PER ORDER OF COURT.CHARGES YOU HAVE TO PAY PLEASE NOTE.
WRITE FOR FURTHER HELP
THANKS.
Prakash Langalia
(Expert) 08 June 2010
if the court summons not accepted by the defendants or even after service of the summons def. remain absent in the court then court will order to proceed exparte. even in case of exparte proceedings you have to prove your case to the satisfaction of the court and prove all issue according to law only after that you can get exparte decree in your favoure.
G. ARAVINTHAN
(Expert) 09 June 2010
If you prove that those defendants are voluntarily evading service of Court summons, you can very well seek for substituted service through publication.
Daksh
(Expert) 09 June 2010
I concur with Arvinthan and would like to add that after only effecting the substituted service through Publication the court will resort to proceeding ex parte against them.
Best Regards
Daksh
