Pvt_RajKing (Private) 08 April 2011

How to serve Summons to Witneeses

Hello,

Could someone clarify as to how to get the summon served directly and file the proof in the court? Please see the detailed questions below. [I am compelling the witnesses to appear with the help of the court.]

Here is the problem: If I let the court serve the summons with RPAD then it is not only going to take time but most of the time the acknolwedgement is lost and thus it becomes a hassle to complete this process. My thought is to get the court's approval to serve the summons to the witnesses (by Plaintiff, similar to Dasti Service) and file the proof of service with the court.

So, I need to file a seperate applicaiton for the Court's Approval to get the summons served by the Plaintiff(me) . The following questions arises for the above:

1. Under what Ord/Rule of CPC to seek the court's permission to serve the summon directly by the plaintiff.

2. Will a RPAD or a post office certificate of delivery will do as proof of service or does it have to be served in person (ie when the summons to be served by the Plaintiff with Court's approval)?

3. Under what Ord/Rule to file the proof of service to the witnesses (to the court)?

Your thoughtful answers to the above is much appreciated.

Thanks

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2 Replies

Pvt_RajKing (Private) 13 April 2011

too bad no one answered this... but I figured it out myself and here are the answeres:

1. You can file an application under ORADER XVI - 7A of CPC for personal service of summons [ this will avoid delays and not receiving acknowledgement etc via post etc).. You don't need to bribe anyone to get the summons served if u follow this process.

2. The proof of service can be filed with the court using ORD V - Rule 16 & 18 of CPC - signature and witness of service....

One other thing is that if you are calling the opposite parties as witness then you can serve their lawyer/counsel instead the parties... This is valid as per ORD III - 5 of CPC for serving it on pleader.

Hope these help!