What if the house of the noticee is found locked by postman?

Guest (Querist) 23 June 2010 This query is : Resolved
If postman writes that the house of the person to whom the notice was to be served is found locked,would the court consider the notice served or not ?

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adv. rajeev ( rajoo ) (Expert) 23 June 2010
It does not amounts to valid service. You verify that whether postman is waited for 7 days to serve the notice or not.
if after waiting period of 7 days cover is returned then you have to take steps again if after 7 days it is returned with not claimed then it amounts to valid service.

sanjeev murthy desai (Expert) 23 June 2010
i agree with rajeev

G. ARAVINTHAN (Expert) 23 June 2010
I f door locked, the procedure is to give information and the same will be kept in office. If the notice is not claimed within 7 days it will be returned as door locked-not claimed

Pankaj Kundra (Expert) 24 June 2010
no

DEFENSE ADVOCATE.-firmaction@g (Expert) 28 June 2010
Not served.

Daksh (Expert) 30 June 2010
Ms.Madhu,

It means that service cannot be effected and in these circumstances Order 5 Rule 20 CPC application is moved seeking leave to get the alternate service effected by publication.

Best Regards

Daksh

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