Summon to nri
Sashi Kumar
(Querist) 10 June 2015
This query is : Resolved
My Uncle is NRI in Canada, a court summon was sent under his name to his India address which was not accepted by the Watchman because he does not live there.
Can the court do an ex-parte without proof of service of summon?
How does the court send summon to NRI?
Does he need to do anything or wait for the summon to be served on him?
SAINATH DEVALLA
(Expert) 10 June 2015
What was that case criminal or civil?
Sashi Kumar
(Querist) 10 June 2015
It is Civil case related to property.
SAINATH DEVALLA
(Expert) 10 June 2015
The complainant has to apply for fresh summons to be sent to the accused through the Indian Embassy at Canada.An application has to be made under the provisions u/s 62 crpc .This section provides that the summons can be served by the Police Officer.But at the same time the accused can avail exemption from personal appearance and can conduct the case through his lawyer.It is not mandatory for him to be present in the court as it is a civil case.In civil matters extradition proceedings cannot be initiated.
Sashi Kumar
(Querist) 10 June 2015
Can the court do an ex-parte without proof of service of summon?
SAINATH DEVALLA
(Expert) 10 June 2015
Expartee decree can be given in a civil case if the accused does not receive summons either intentionally or unintentionally.
The procedure is as follows:
Section 65 of the Code of Criminal Procedure, 1973:
"65. Procedure when service cannot be effected as before provided:- If service cannot by the exercise of due diligence be effected as provided in section 62, section 63 or section 64, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides, and thereupon the court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper."
Rajendra K Goyal
(Expert) 10 June 2015
Court can pass ex-party decree as per procedure.
