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Kumara Swamy AC (IT Analyst)     27 November 2010

Not taking the court notices

I have filled case regarding property, court sent a notice but the opposite party not receiving the notices purposefully, already 2 times court sent a notices but they did not receiving, in this case what I should do?

 

Please help me out...



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 8 Replies

Mugundhan (Lawyer)     27 November 2010

Ask for the notice to be sent by regd. post. If still the party evades the notice, file a petition for substituted service and ask for paper publication.
 

Arvind Singh Chauhan (advocate)     27 November 2010

What is the report of server on the notice. If report says that party refused to receive the notices it is full service of notice and court may act exparte otherwise follow Mugundhan Sir's advice.

Adv B.B.Gambhir #9814820602 (advocate)     27 November 2010

you should move an application under order 5 rule 20 read with section 151 cpc for alternative mode of service. so that service  could be effected by way of publication in newspaper or proclamation by beating of drums

Raghav Sood (Lawyer)     27 November 2010

if party's residence or place of business is known to you shold take aid of dasti process and get him served yourself with process server you can request through your counsel to the court

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     30 November 2010

Mr.Kumara swamy,

Substituted service of summons is the last way of service of summons. Where the court is satisfied that the defendant is intentionally avoiding the summons, the Court shall order for the substituted service of summons, i.e. affixing the summons at the conspicious place of the Court, at the door of the house of the defendant or even giving the adveretisement in the newspaper. These methods are called as 'Substituted service of summons'.

Kumara Swamy AC (IT Analyst)     01 December 2010

Thanks for your replys Sir Ramachary,Raghav Sood,BB Gabhir,Arvind and Mughudhan

Amit Minocha (Lawyer)     10 January 2011

best is to seek permission for alternate service by way of fixation (ORDER V RULE 20)

Adv.Mahendra Vairagade (lawyer)     10 October 2015

Dear Members please tell me for substitute service i have to publish notice/summons in news paper by taking persmmision of court or fixing it on conspicuous place,or both the remedies i have to follow. Can i only ask for paper publication?is it sufficient?plz help


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