How to counter this?

bharat khatwani (Querist) 28 July 2024 This query is : Resolved
defendants often claim that they never received registered letters (RPAD)/speed post/registered post, even when website of postal department confirms delivery. This old trick is routinely accepted by courts, frustrating the petitioners struggling for justice .How to counter this?

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Defendants frequently claim they never received registered mail, even when postal tracking confirms delivery. This tactic is often accepted by courts, hindering petitioners seeking justice. One method to counter this is to obtain court permission for private notice service, followed by filing an affidavit of service with the postal delivery report. Further options include engaging a trusted second lawyer for clarification and advice on challenging such claims.

T. Kalaiselvan, Advocate (Expert) 29 July 2024
You obtain permission from court to serve private notice to the defendants and file an affidavit of service after you have obtained the delivery report through India post tracking website.

bharat khatwani (Querist) 29 July 2024
I need more suggestions.

T. Kalaiselvan, Advocate (Expert) 29 July 2024
You can engage the services of another advocate if you do not have trust in your lawyer and get any number of clarifications on the terms of the so engaged lawyer.

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