sommons

irappa patil (Querist) 30 October 2016 This query is : Resolved
Dear experts kindly advise me to know for k owledge sake.When a summons is duly served buy returned unserved with a postal statement that the party is out of station what the court will order.Without another summons served to the same party ,that party appears to court after 3months to file objections.are the objections tenable?.can the respondent appear without notice?.It is heard that if he appears without notice under what rule and order the petioner would prove that the respondent who appeared without notice is as good as admitting petition and there is a bar to contest.

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Devajyoti Barman (Expert) 30 October 2016
It is not class room and hence no query is replied merely for 'knowledge sake'.

R.K Nanda (Expert) 30 October 2016
academic query.

irappa patil (Querist) 30 October 2016
Then how one can be benefited by this forum if furtherance of knowledge?,How can anybody help the needy if he himself is ignorant.I think dissemination of information is great help to public.

irappa patil (Querist) 30 October 2016
Is it subjected to trips?

adv.bharat @ PUNE (Expert) 30 October 2016
Academic query can't be answered.

Rajendra K Goyal (Expert) 31 October 2016
Legal problems faced narrated with proper facts are entertained,

For knowledge, may move to forum section.

Guest (Expert) 31 October 2016
It can be taken as college query but I will ans.

1) Summons Returned unserved with a postal statement that the party is out of station what the court will order

Ans - Generally in such case Judge will give 1 or 2 month date and then parties should give re-issue summons application to that defendant .

Your statement that summons is served is technically not correct , It will be summons not served.

2) Suo moto appearance defendant can give and also stating fact that he came to know from some where (XXX source) and give suo- moto apperance under CPC 151 , it will be accepted

3) Point does not exist

Dr J C Vashista (Expert) 01 November 2016
In the instant case you did not mention what is the case filed?

Whether it is "summon" or "notice"? Answer will differ in both situations.

Whether the postman visited the addressee on single date or repeatedly?Answer will differ in both situations.

What is the report of process server/police qua service of notice/summon.

There are number of other questions before
forming an opinion and advise you.

How are you concerned with this academic query?

What is the opinion/advise of your tutor/ lawyer?

Rajendra K Goyal (Expert) 01 November 2016
Author need to reply the questions from expert Dr J C Vashista.

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