Service of summons by plaintiff to opposite party

Env Coord (Querist) 29 March 2022 This query is : Resolved
Hello Experts,

I am Decree Holder in a ongoing Summary Execution Case. Judge allowed my application to serve J.D. (opposite parties) copies of applications moved by me. My next hearing is on 21st April, 2022. My queries are as follows:-

1. If D.H. serves summons with copies of applications via registered post (A.D.) under Order V Rule 9A of CPC then is it necessary to file affidavit of service by D.H. ?

2. Is there any format in Code of Civil Procedure for affidavit of service of summons by Plaintiff or Decree Holder ? If yes which provision in First Schedule shall be referred to ?

3. Is it necessary to attached R.P.A.D. card or online postal report of delivery along with affidavit or only sworn affidavit is sufficient in order to qualify as good service of summons?

Awaiting expert advice.

Best Regards
VISHAL SAHA.
(D.H. in Regular E.P.)

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Quick Summary

This discussion clarifies the process for a Decree Holder serving summons and applications to the opposite party via registered post under Order V Rule 9A of the CPC. It confirms that an affidavit of service, along with the original proof of delivery (like an RPAD card), is necessary for valid service. While the CPC doesn't provide a specific format for the affidavit, it must be sworn and include the postal proof.

Dr J C Vashista (Expert) 30 March 2022
Reply to your questions is:
1. If D.H. serves summons with copies of applications via registered post (A.D.) under Order V Rule 9A of CPC then is it necessary to file affidavit of service by D.H. ?
Yes, you have to file an affidavit of service with original proof of delivery.

2. Is there any format in Code of Civil Procedure for affidavit of service of summons by Plaintiff or Decree Holder ?
No specific format is there but it would be in the form of affidavit, if you have served JD dasti.

3.If yes which provision in First Schedule shall be referred to ?
Please search yourself.
4. Is it necessary to attached R.P.A.D. card or online postal report of delivery along with affidavit or only sworn affidavit is sufficient in order to qualify as good service of summons?
Already replied herein above.

SHIRISH PAWAR, 7738990900 (Expert) 30 March 2022
Your advocate cannot even file an affidavit of notice. Change your advocate.

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