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tejinder sethi   25 July 2025

Civil suit for partition

Civil suit for partition suit filed in the property of my father who died inestate. Following defendants :

Mother the nominee holder of the property.

Two sisters 

One brother 

Summons served to all through bailiff except one sister in Delhi by RAD in end Jan 2025.  In the first hearing in April 2025 this was overlooked by the honourable judge & in hearing today it was pointed that mother and one sister staying locally summons could not be served as house found locked. Now my sister has received the summons but the bailiff report is saying could not deliver.

Now the order is passed that plaintiff to take steps against defendant mother and one sister. Does it mean reissue of summons? If yes which is the best method especially when my mother is rarely staying in the disputed property. She is sometimes with her son and other two sisters. One sister is staying locally and another one in Delhi.

Please advise 



 1 Replies

T. Kalaiselvan, Advocate (Advocate)     26 July 2025

If court has passed orders to take summons then you may have to file a petition under order V rule 20 CPC to serve the summons on them through substituted service, i.e., through a newspaper 

You ask your advocate who knows the procedure and be in regular touch with your advocate  to progress the case accordingly


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