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gdk (student)     05 September 2013

Notice to respondents-appeal-dvc case

Dear Friends,

Wife filed an appeal in DVC Case, appeal got admitted 8 months before.

From 8 months till now, notice has not been reached to respondent.

There are 3 respondents, husband, father in law and mother in law.

Till now, wife has send 5 times notice.

Wife has send notice at a time to all the respondents, but notice has been received by father in law and mother in law but not husband.

How can wife trace out the problem?

Please suggest the solution.

Regards.



Learning

 4 Replies

Tajobsindia (Senior Partner )     06 September 2013

[Duplicate thread post]

1.     If all three are living under same roof then if two respondents receive and third does not receive it is deemed service of Notice.

2.      What does reason for not receiving Notice says in process server Report?

3.    Options -
Seek relief of service of Notice via Jurisdiction Police.
Seek relief of alternate mode of service of Notice.
Seek relief of pasting of Notice.
Seek relief of ex-parte proceedings.

Samir N (General Queries) (Business)     06 September 2013

@tajobsindia, I am not an advocate, but...

Since it is the wife who has filed the appeal, and respondent-husband is the one who was not served but appears to be eager to get served, can he not simply ask the wife's advocate to give him a copy and give an acknowledgment? Will this be deemed to be served in the eyes of law? Does this come under your suggestion "seek relief of alternate..." If so, is an appearance required in Court to "seek (this) relief" and be served there or can it be done before the first hearing?

Ex-parte can be sought by his wife not the husband in the above case as it is the husband who is not served.

Clarification would be appreciated.

Thanks

Tajobsindia (Senior Partner )     06 September 2013

 

 

Originally posted by : Samir N

 

@tajobsindia, I am not an advocate, but...

Since it is the wife who has filed the appeal, and respondent-husband is the one who was not served but appears to be eager to get served, can he not simply ask the wife's advocate to give him a copy and give an acknowledgment? Will this be deemed to be served in the eyes of law? Does this come under your suggestion "seek relief of alternate..." If so, is an appearance required in Court to "seek (this) relief" and be served there or can it be done before the first hearing?

Ex-parte can be sought by his wife not the husband in the above case as it is the husband who is not served.

Clarification would be appreciated.

 

 Reasoning where I last left-

1.
The brief starts with noun 'wife', hence advice given by me was for ‘wife’ to take call on.
2.
When three relatives to each other live under same roof and two are served notice and one is not served, it is inferenced to be deemed served.
3.
No where in author's brief "I see husband's eagerness" you may point to me which sentence or words shows so!
4.
If husband was so eager as you blandly allege then wife would not have served 5 times the said notice. 5 times means 5 dates already passed. Secondly if he was so eager as you sympathies with husband for the purpose of this brief then he could have appeared on next date of hearing in concerned Court finding from other two blood relatives of his the date of court hearing as they have received the notice all three living under same roof and he could have asked ld. Judge / Magistrate to give him his copy of complaint. He could also contact wife's advocate and can collect complaint copy from Chamber file but since Notice comes with Process Form he cannot be asked to give acknowledgement which Advocates donot keep with them in Chambers as advocates are not authorised to use Court Process Forms issued from their Chmber it is issued from Courts.  Nowhere I read word 'dasti' service to respondent(s).
5.
Ex parte advice is for the wife as the brief starts with noun 'wife'.
Observation
:
Read brief attentively and then read my reply and then seek clarification from me next time removing rainbow glasses.
[Last reply]

Adv k . mahesh (advocate)     06 September 2013

if husband is not staying with your father in law and mother in law so take an initiative to issue a personal notice or take permission to paste the notice on his door and even though if he is not appearing then ask for order in your favour means an ex-parte order 

if husband is staying with there mother and father and he is not taking notice then issue the notice within the court premises to your father in law in the court and let your husband come to court in next hearing or press for and exparte order 


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