Refused to receive court order

Suraj Kumar (Querist) 01 January 2023 This query is : Resolved
I have filed a civil suit against OP. The court order for injunction.
My council send court's order to OP, but he refused to receive the letter.
Can I get final order on next day of hearing ?

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Quick Summary

If a defendant refuses to accept a court order, it is generally presumed to be proper service. The next steps involve filing the refused envelope with the court along with an affidavit. Your legal counsel will advise on invoking relevant sections of the CPC and potentially seeking police protection, as well as filing caveat applications.

kavksatyanarayana (Expert) 01 January 2023
No. If the letter is received from the court, he may receive if sent from the court.

Pradipta Nath (Expert) 02 January 2023
File the refused envelope in the court with an affidavit and invoke section 151 of the cpc for police protection. You should also file caveat applications.

Dr J C Vashista (Expert) 02 January 2023
@ Suraj Kumar ji,
What was the mode of delivery of Court order to the defendant i.e., through post / process server /courier/ email / whatsapp ??
How did you come to know that the opposite party or his counsel has refused to accept the order ?
Refusal to accept court summon / order is presumed proper service.
What is the opinion and advise of your lawyer, if any ?
Wish you a happy, healthy and prosperous New Gregorian Year-2023

SHIRISH PAWAR, 7738990900 (Expert) 02 January 2023
Hello,

He refused to accept the court order send my you. So after filing execution send court notice. Court will pass necessary order.

Sudhir Kumar, Advocate (Expert) 06 January 2023
refusal to accept is deemed delivery.

P. Venu (Expert) 19 January 2023
What is the requirement of sending the Court order? If an ex-parte Order, there is a due process to be followed.

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