Service of summons

MADHUSUDEN KOHLI (Querist) 02 September 2014 This query is : Resolved
Dear sir,
Server of the court has reported to the court
that respondent has refused to take the summons. During cross examination he says that respondent herself was not present but her employee was present however empoloyee refused to take the summons.Server did not take any witness or signatures of anybody in
and around the shop and shop is in market place with lot of activity around.Will it be considered as summons duly served?

Regards

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Advocate M.Bhadra (Expert) 02 September 2014
If the summon served upon the organization and the defendant is a party as an organization then the said summon duly served.But the defendant is a personal party in an individual category in this situation the summon was not duly served.

Arvind Singh Chauhan (Expert) 03 September 2014
If server has not put his report and has not followed the procedure according to (general rules civil/ rules framed by concerned high court) for the service of summon. Such service can not be proper service.

I think server must obtain signature of witnesses in support of such refusal.

Nadeem Qureshi (Expert) 03 September 2014
If process server filed his affidavit with his report then service of summon is duly serve.

Advocate Bhartesh goyal (Expert) 03 September 2014
Process server has not followed the procedure.Neither he, on refusal to receive the summon by defendant or his employee affixed the summon on the main door of defendants residence/office nor he obtained the sign of any witnesses whose presence the defendant or his employee refused to receive the summon so it will presumed that summons has not been duly served.

Rajendra K Goyal (Expert) 03 September 2014
Full statement along with the cross has to be referred to give any advise in such a case. however, inn the given facts agree with the advise of Advocate Bhartesh Goyal.