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zanof   11 July 2023

How to ask court to recall dasti summons order and instead use court procedure?

I am party in person
Court has asked me to issue a dasti summons by registered post to opposition. But my registered post are not getting delivered for over a year now and I have been complaining to Post dept.
How can I inform court that I cannot issue the summons due to the postal problem and request the Court to use its own process?

Should I file a memo? If so, what should it say?



 6 Replies

Mr. Sumitra kumar (Advocate)     11 July 2023

When returned, postal department assigns a reason for non-delivery. Reason?

P. Venu (Advocate)     11 July 2023

What is the reason for he registered post being not delivered? What is the reason recorded by the postman on the envelope? 

Mr. Sumitra kumar (Advocate)     13 July 2023

@Querist- Do you still think that you deserve a reply?

Thank you.

Mr. Sumitra kumar (Advocate)     14 July 2023

@Querist, 

Fowllowing should be noted in view of your latest post on this thread-

1.As a practising advocate, I never advise free of cost in litigation matter but only on substantive matter.

2.I never advised you as to whether to go for litigation or not.

3. If you didn't understand the importance of my reply, then I can't help you to grasp the nutshell.

4.If you are so conversant with the matter, there is no question to reply upon others.

5.Never try to browbeat advocate especially without considering their worth.

[Last Reply on this thread]

Thank you.

P. Venu (Advocate)     14 July 2023

There are many a missing fact! First of all, why dasti notice? Which Court? What is the type of case?

If a civil suit filed in a civil court, summons by registered post is required only if the defendants reside outside the State. Even then, registered post is sent on behalf of the Court at the expense of the Plaintiff.

If it is that it is dasti notice, the petitioner/applicant is required to sent the summons by registered post and file affidavit of service. As regards to proof of delivery the same could be accessed at indiapost.gov.in. Even if it is the case that acknowledgement has been received, postal department is prompt in replying to the complaints.

P. Venu (Advocate)     15 July 2023

You are assuming too many things, I am afraid, File affidavit of service with the documents you have and leave it to the Court as to there has been Notice is proper or otherwise. To my knowledge, the Court is not required to be hyper-technical as to proof of service. 


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