PRASHANT RAJPUT 19 September 2020

NI Act : Servicing of summon

How to send summon that the court gets satisfied that the service of summon is done?

The receiver is not accepting the summons at his address.

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Quick Summary

This discussion addresses how to ensure a court summons is considered validly served, particularly when the recipient refuses to accept it. It clarifies that if a summons is sent to the correct address and returned undelivered, it can be presumed to have been served, as per Section 27 of the General Clauses Act, unless proven otherwise.

5 Replies

Suri.Sravan Kumar (senior) 19 September 2020

what is the endorsement on the cover Refused or Left or not claimed?

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PRASHANT RAJPUT 19 September 2020

sir, it is left.

Suri.Sravan Kumar (senior) 19 September 2020

it amounts to valid service only.

PRASHANT RAJPUT 19 September 2020

Thank You Sir for the information.

LCI Thought Leader Raghav Arora 28 September 2020

If the notice has been sent to the correct address, paid for and posted by you and it has not come back, it shall be presumed that is has been delivered, unless the contrary is proved. General clauses act - Section 27 provides for the same.