In civil suit under code of civil procedure section 54.There are 5 defendants and one of the defendant is not receiving the notice by court and court not proceed in this suit.i want solution for 1) what if one defendant not receive notice 2) is there any option for proceeding in this situation like giving paper notice ect. 3) or court have any rights to give instructions to police to search defendant.
Yes there is a procedure called taking steps. Please file a memo before the court for taking steps i.e. to order for a paper publication and despite the publication if the defendant doesnt appear before the court then he will be set Ex Parte and the court will proceed with the remaining defendants. the complainant who is the wife shestill retains the right to file a case at any given point of time if the differences arise between both .Hence it is suggested that you contest the case.
Solomon Raj Advocate High Coutts of AP &TS Bharat Gaurav Samman Awardee email:justiceleague 367 @Yahoo.com Rajcarey@yahoo.com Ph:9866545086
U take affixture were he resides..u give his residential address where u believe to be their u take voters list and furnish to court.the court will order to affix their to appear before court on specified day if he doesn't appear it takes as xparty.