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Shashank (Student)     05 December 2011

How to get summmons served?

Hi

I am trying my best to get a summon served to my tenant, but it seems like a real pain to get him a summon served. Initially after the notice, the summmon was not served and when we checked the file it was mentioned that "an extra copy for summon wasn't attached".

we were asked to attach 2 copies while filing our case, stamps etc. but is there a separate requirement for distt courts of different jurisdiction?

secondly, now after requesting and literally begging the support staff we got the summons prepared from the judge's office and went to the "naazir" to get him served, who quite arrogantly points at a bloke and says that he will go and get it served. my lawyer and i talk to him and he comforts us by saying it will be done, don't worry. next morning i call him and he says that the defendant wasn't available. i call him after a couple of days and he says am off for a holiday and shall try it on tuesday (which is about to come)

i'm looking forward to some sincere suggestions on how to proceed further.

the case is of eviction.



Learning

 6 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     06 December 2011

Dear Shasank

no need to worry file an application before court and get summons "dasti" & post through corrier/speed post or by hand, no need to worry if this is also not possible then file an application before court u/o 5 Rule 20 CPC for publication the summons in the newspaper.

feel free to call

1 Like

Sudhir Kumar, Advocate (Advocate)     11 December 2011

Mr quereshi is right.  you tenant has seen futility of his defence and wishes to avoid process. As advised by Mr quereshi if you send it by post then do meet the Postmaster so that the postman is not bribed.  Postl man always avoids complaint. Further you can also apply to the court for pasting of notice at the door.

Shashank (Student)     11 December 2011

thank you both. but the "dasti" is telling me that his mother is available around and so she says that he isn't here and that she isn't accepting the summons herself. so he is now suggesting that he can write "avoiding". i am having severe doubts on his credibility (sorry i could be paranoid, but i think he could bribed by them).
 

i got information from some neighbour that he was available at a particular time and she met him, so i immediately called the "dasti" and he was reluctant and was saying that he can't go now as he is with some officer there. 

i am asking him to get it served to his mother. she is a 65-70yr old sound woman. can that be acceptable?

and it would nice if you can explain in detail of how the procedure is for getting him a summon served through post. he can also not accept and send his mother and ask her to say that he isn't available. how do we work then?

thanks for your earlier response. looking further to your response.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     12 December 2011

You have to persue the matter. If after notice u/s 5/20 exparty order is taken it will be challanged at execution stage.

Shashank (Student)     12 December 2011

so JSDN are you suggesting to get him summoned right now than going ex-party?

Shantanu Wavhal (Worker)     02 January 2012

in civil case, its better not to let the proceedings ex-parte.

an ex-parte order can be challenged later.


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