Summon in Summary Suit
rajan chopra
(Querist) 03 December 2015
This query is : Resolved
Sir I have filed a summary suit u/o 37 CPC and on first hearing date judge ruled that the court will give you the summon and you shall serve the same on defendant personally.I said may I serve the defendant through court then judge said no you by yourself will serve the defendant.Now should I pray to court to entertain the suit as a regular suit and not as a summary suit as I am not sure that defendant will be served by me personally ?
Nitish Banka
(Expert) 03 December 2015
You may personally serve the summons by dasti, send it through registered post with acknowledgement and get the reciept from the post office.
Regards,
Adv. Nitish Banka
9891549997
Advocate Bhartesh goyal
(Expert) 03 December 2015
Yes,you can send summon through registered post with AD and submit the postal receipt in court.
Kumar Doab
(Expert) 04 December 2015
Agreed with experts.
later you may download tracking report from:
www.indiapost.gov.in
and also obtain delivery report from PO and certified copy of run sheet of postman from PO.
R.K Nanda
(Expert) 04 December 2015
nothing to add more.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 05 December 2015
If court orders u serve in person u should do it and submit Affidavit of service. Converting case as regular suit not advisable
prabhakar singh
(Expert) 05 December 2015
Order to serve personally simply means not the court's bailiff but you would do all that he is expected to do.
The Court is simply appointing you an agent for service.What does go bad in it, serve a dasti(hand to hand) and also one by a registered A/D.
Do not ask for conversion of suit
