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Adv. Lalit K. Jhunjhunwala (Lawyer)     09 September 2009

CASE LAW FOR EXPARTY ORDER IF DEFENDANT REFUSES SUMMONS

need case law: Fact of case: Suit filled, taken on board for urgent hearing, court ordered for specisl baliff service, defendnat refused to accept summon, baliff report mentions "defendantr efuse to accept summon so returned without service". Need case law to convince court to proceed ex-party in the present situation.



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 10 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     09 September 2009

MR LALIT IF THE DEPENDANT IS REFUSING ULTIMATELY CASE WILL COME TO EXPARTY, TRY FOR PAPER LOCAL PUBLICATION THE NEXT DATE OF ADJMNT, BY MENTIONING THE EXPARTY WITH COURT PERMISSION. ------CITATION RECENT SC'S,GIVE SOME TIME,I POST U

1 Like

Adv. Lalit K. Jhunjhunwala (Lawyer)     09 September 2009

I have already moved the application for 'Public Summon'. The problem here is that I have strong apprehantion that the Defendant will register a Sale Deed to creat third Party interest in the property and that i why i am looking for a case law which clearly says that the court shall grant and ex-party order if the defendant rfuses service.

I am thankful to you for your fast reply and shall await the case law.

Thanks and Regards

Adv. L. K. Jhunjhunwala

subendran.T (advocate)     09 September 2009

returned as refusaed and returned as not cliamed are deemed to be served on the party. Court is bound to set exparte

1 Like

Adv. Lalit K. Jhunjhunwala (Lawyer)     09 September 2009

ORDER V Rule 17 of the CPC says that substituted service shall follow and only in case after substituted service also defendant does not appear then in that case the court at its discretion can proceed ex-party.

Mahesh2010 (Occupation)     11 September 2009

 

If you anticipate that defendant trying to dispose the suit property i.e. creating third party interest etc even before appearing in the court. In my opinion, to avoid / prevent them from doing so, you can publish Notice on a cautionary basis to public in large, stating your claim /rights in the suit property and Suit No. & details, which is before concern Hon’ble Court pending for decision.
 
In addition to above separate notice can be send to defendant alongwith copy to Office of local Sub Registrar (Property Registration), where the said transaction is likely to be executed.
 

Of course all above are only cautionary methods to prevent/make aware the defendant, since you don’t have any effective order from concern Hon’ble court but still this will certainly help you in proceedings in due course.

1 Like

Adv. Lalit K. Jhunjhunwala (Lawyer)     11 September 2009

I have already done all these things and even havve registered a lis-pendis. I am just in need of a case law to convince the court. I value your feed back. Thanks a lot.

vinjamuri ranga babu (advoctes/attorneys)     12 September 2009

hi,

it seems there is no case law for bailiffs endorsement, if the court satisfies that the service is sufficient then the court will automatically go for next step, or otherwise, seek for takings steps against the defendant U/o5 R20 of cpc.

vr

1 Like

Adv. Lalit K. Jhunjhunwala (Lawyer)     12 September 2009

Thanks for valuable feed back. Thanks a lot.

Ashima Puri (Advocate)     12 September 2009

 I follow Mr. Surenderan T. as per General Clauses Act Refusal is deemed service. Substituted Service under Order 5 Rule 17 comes into picture where defendant cant be reached. here defendant refused to accept summons from court that means he is aware that court proceedings are pending against him n thats what the real objective of sending summons to the defendant. 

Ashima Puri (Advocate)     12 September 2009

 Read rule 17 as Rule 20


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