Publication in news paper
S. Fernandes
(Querist) 11 January 2015
This query is : Resolved
Respected Advocates,
I am a lay person, representing myself in execution proceedings in Goa.
In these proceedings I have attached property of the JDs.
The attachment was carried out by beating of drums, pasting the warrant under O-21 rule-54 on the gate of the property, the court house, the collector's office, village panchayat, and the sub-registrar's office.
A) I do not know if publication is required, as the cpc does not say so. It only says proclamation by beating of drums or other customary method. However as a matter of abundant precaution, I made an application to the court to have a public notice published in the news paper in respect of the attachment. However court denied the pray, but the judge wrote on the application that public notice may be given by DH privately.
Hence yesterday I got the notice published through a lawyer who is not on record in this matter, as I felt that a lawyer's notice would taken more seriously.
On second thought however I am wondering if a publication put by a lawyer not on record may be invalid???
1) Kindly advise if a publication is required.
2) If in the present instance the publication by a lawyer not on record will be invalid.
Thank you for your assistance.
Isaac Gabriel
(Expert) 11 January 2015
Publication by lawyer or self is valid in the eyes of law.
S. Fernandes
(Querist) 11 January 2015
Even where lawyer is not on recode???
T. Kalaiselvan, Advocate
(Expert) 15 January 2015
This is a public notice to be given by the DH privately as per the order of the court. It is not mandatory that only the counsel on record has to be engaged for issuing such public notice, even some other lawyer or you yourself as the DH can issue public notice through newspaper publication.
S. Fernandes
(Querist) 28 January 2015
Thank you very much sir
