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Service of summon

Guest (Querist) 28 January 2015 This query is : Resolved 
Dear Ld. Experts,

Can anybody of you please let me know that whether telephonic conversation is a legal way of service to respondents as although I did not get any notice related to DV,in the order sheets of lower courts it is written that respondent mother seems to have telephonically had word with respondent son on this.

Any ruling from SC/HC to support that this is a bad/acceptable way of servicing summon/notice, that will be really helpful.

Kindly see.

Many Thanks
Suman
Uday Kumar (Expert) 28 January 2015
Hello
There would be something else on record, There may be an affidavit for dasti summon on record, court might have noticed willful evading of the process of service, There should be something in file,
suggest inspect the trial court file properly ,
Nadeem Qureshi (Expert) 28 January 2015
61. Form of summons.

Every summons issued by a court under this Code shall be in writing, in duplicate, signed by the presiding officer of such court or by such other officer as the High Court may, from time to time, by rule direct, and shall bear the seal of the court.

62. Summons how served.

(1) Every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the court issuing it or other public servant.

(2) The summons shall, if practicable, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons.

(3) Every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.

63. Service of summons on corporate bodies and societies.

Service of a summons on a corporation may be effected by serving it on the secretary, local manager or other principal officer of the corporation, or by letter sent by registered post, addressed to the chief officer of the corporation in India, in which case the service shall be deemed, to have been effected when the letter would arrive in ordinary course of post.

Explanation:- In this section “corporation” means an incorporated company or other body corporate and includes a society registered under the Societies Registration Act.1860 (21 of 1860).

64. Service when persons summoned cannot be found.

Where the person summoned cannot, by the exercise of due diligence be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.

Explanation :- A servant is not a member of the family within the meaning of this section.

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.

66. Service on Government servant.

(1) Where the person summoned is in the active service of the Government, the court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed: and such head shall thereupon cause the summons to be served in the manner provided by section 62, and shall return it to the court under his signature with the endorsement required by that section.

(2) Such signature shall be evidence of due service.

67. Service of summons outside local limits.

When a court desires that a summons issued by it shall be served at any place outside its local jurisdiction, it shall ordinarily send summons in duplicate to a Magistrate within whose local jurisdiction the person summoned resides, or is, to be there served.

68. Proof of service in such cases and when serving officer not present.

(1) When a Summons issued by a court is served outside its local jurisdiction, and in any case where the officer who has served a summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate, that such summons has been served, and a duplicate of the summons purporting to be endorsed (in the manner provided by section 62, or section 64) by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved.

(2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the court.

69. Service of summons on witness by post.

(1) Notwithstanding anything contained in the preceding section of this Chapter, a court issuing a summons to a witness may in addition to and simultaneously with the issue of such summons, direct a copy of the summons to be served by registered post addressed to the witness at the place where he ordinarily resides or carries on business or personally works for gain.

(2) When an acknowledgment purporting to be signed by the witness or an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons has been received, the court issuing the summons may declare that the summons has been duly served.

STATE AMENDMENT

Andaman and Nicobar Islands and Lakshadweep:

In section 69, -

(a) in sub-section (I), after the words “lo be served by registered post” the words “or of’ the substance thereof to be served by wireless message” shall be inserted.

(b) in subsection (2), for the words “that the witness refused to take delivery of the summons” the words “or a wireless messenger that the witness refused to take delivery, of’ the summons or the message, as the case may, be” shall be substituted.
Nadeem Qureshi (Expert) 28 January 2015
apart from this the court may take any procedure as the court think fit.

if court directed the parties for telephonic information regarding the case then it may be used as service of summon.
Rajendra K Goyal (Expert) 29 January 2015
Well explained by the expert Nadeem Qureshi.

Judgement / citation not provided in this section.
Guest (Querist) 29 January 2015
I appreciate Mr. Qureshi's suggestion. But the thing is that in trial court order sheet it is written by magistrate that "DIR reports tell that respondent no 2 has telephonic conversation with respondent 3 and respondent 4. I am inclined that service was done by pasting the notices in the out part of shared household".

But the thing is that respondent 3 and respondent 4 ordinarily resides outside the native place/shared house. No notice was sent prior to disposal of the case. Then what should be the case.

Also kindly let me know what are these points 61, 62, 63 and 64 refers to? Are these Supreme court guidelines.

thank You
T. Kalaiselvan, Advocate (Expert) 30 January 2015
Expert Mr. Qureshi has given opinion based on the provisions of law in this regard and the sections therein are the provisions. The service of summon to the respondent is upto the satisfaction of court, therefore consult your lawyer and proceed as per his advise on further issues.


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