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Service of defendant

(Querist) 28 December 2015 This query is : Resolved 
Sir in a summary suit u/o 37 CPC being filed by me the court has given me the summons of the suit to be served upon the defendant who is a lady with the help of process server of the court .Now can I pray court to provide me police assistance to be present with me at the time of serving the defendant as I am afraid of any untoward incident may occur as I have to go to defendant at her residence ?
Devajyoti Barman (Expert) 28 December 2015
For service of summons the police help is unlikely to be given. If you fear for your safety then pray for service of summons through speed post.
ADV-JEEVAN PATIL, MUMBAI (Expert) 29 December 2015
1) pray summon be served thru court for likely danger or
2) Take public witness with u
Advocate. Arunagiri (Expert) 29 December 2015
You need not accompany the process server of the court.

In case the defendant is not accepting the summon, the process server will inform the court. Under the circumstances, as the defendant had refused to accept the summon, the court will treat this as a deemed service and will pass exparte order.
Rajendra K Goyal (Expert) 29 December 2015
Agree with the expert Advocate. Arunagiri.


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