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Shantanu Wavhal (Worker)     20 December 2011

Refusing / avoiding summons sent by rpd

1) if court summons sent to the respondent by RPD (registered post acknowledgement due) & respondant refuses / avoids to accept the summons, what action is taken by court ??

2) Does summons sent by RPD carry the same weightage as the summons sent by court directly ??


3) What actions can be taken against the respondent who is trying to refuse / avoid the summons sent by RPD ??


Kindly Enlighten. 


 9 Replies

Arvind Singh Chauhan (advocate)     20 December 2011

1. If it is a civil case court may proceed expartee against such person, if it is criminla case court may issue warrant.




1 Like

Shantanu Wavhal (Worker)     21 December 2011

If the respondent is not - found / present / is trying to avoid the summons - and because of this, the summons is returned back, undelivered (i.e. - not served) 

Ideally, for how many times has the court / RPD summons is supposed to be sent ??

wifebetrayed (service)     21 December 2011

Procedure when service cannot be effected as before provided (Section 65) -
If service cannot by the exercise of due diligence be effected as provided in section 62, section 63, or section 64, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and thereupon the Court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper.

The service of summons on a witness can also be done by post. As per Section 69 -
(1) Notwithstanding anything contained in the preceding sections of this Chapter, a Court issuing a summons to a witness may, in addition to and simultaneously with the issue of such summons, direct a copy of the summons to be served by registered post addressed to the witness at the place where he ordinarily resides or carries on business or personally works for gain.
(2) When an acknowledgment purporting to be signed by the witness or an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons has been received, the Court issuing the summons may declare that the summons has been duly served.


1 Like

ashish (Translator)     21 December 2011

Dear Sir,

My wife has sent notice through the  family court, Nagpur by Regd Post with AD  to my residence at goa. But I have not taken it and I told to postman to put a remark that "Door found lock".  Accordingly postman sent the said notice back to sender i.e. to the Family Court after writting the above said  remarks on the evelope.

Kindly advice me whether the court can take ex-partee decision on the petiotion filled by my wife at family court, nagpur Or what action will taken by Court in the above situation.

Plz advice me.


DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     21 December 2011

you better engage a local advocate to keep track of the case.

Fresh summons will be issued in most of the cases.

1 Like

Shantanu Wavhal (Worker)     21 December 2011


Fresh summons will be issued in most of the cases.


for how many times court is supposed to issue fresh summons ??

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 December 2011

Fresh summoning or go for O5 R20 for publication of the order.





Shonee Kapoor

1 Like

giri raj (other)     27 October 2014

i sent by RPD and wife managed it not to accept.


 " addressie is left so returning to sender").


(here should i use RTI power on postman).


In real truth they(wife) are staying at same place. 

Even my False Fir of 498a is registered on same address so how addressie can left the place.


Here my RCR case is stuck for expartee degree.


Please guide what next.?


Also  please tell Pasting of notice at wife's house and  order for O5 R20 for publication.

can be taken from judge?


What's the status of your exparte divorce giriraj

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