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Eshaandeep Ahluwalia   02 May 2022

service of summons by munadi and affixation

what happens when summons are served on the defendant through munadi and affixation ? How the notice gets served ? Is it beneficial ?


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 11 Replies

Shubham Bhardwaj (Advocate)     02 May 2022

Dear Mr Ahluwalia, 

Service through affixation is an alternate form of service of summons when other modes fail. The question is not about beneficial or not but that of necessity. Therefore, if the court has ordered you to effect service by affixation, you must do so. If the court does not deem the summons served then you might have to go for service through publication. This is the last form of alternate mode of service of summons. 

 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh.

 

Disclaimer:- Opinion is only for guidance. 

Eshaandeep Ahluwalia   02 May 2022

whats the meaning of the word munadi ? what's the relevance of munadi with affixation or while is it called service of summon through munadi and affixation ?

Shubham Bhardwaj (Advocate)     02 May 2022

Dear Mr Ahluwalia, 

Although the law still uses the word munadi, however it is rarely done now days. It is done only in some tribal area or extremely backward areas. Munadi is a very old method of communicating with general public. In earlier times when modes of communication were very restricted, the Govt order were communicated by beat of drums in the local area where the order/summon/other coomunication was required. In todays modern times, munadi has lost significance. 

In affixation the summons are plasted on the door of the house of person or other place where the person summoned is known to have last resided. 

Regards

Shubham Bhardwaj (Advocate)

Disrict & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandgarh.

Eshaandeep Ahluwalia   02 May 2022

so the use of the word munadi is redundant and only the word affixation is implemented ,that is,only notice is pasted on the door of house of the person summoned

Divya Vijayan   02 May 2022

Hello sir!

Munadi means ‘drum beat’ that is the public notice drawing attention with the sound of the drums. In legal process, this is usually resorted to when an individual avoids receiving Court Summons repeatedly. The court issues directions for a general public notice/Munadi to be served in the locality/village of the individual. This is done by the Munadikarta (the town crier) and the notice is served on specified people such as the village chief in the presence of witnesses. The notice is also displayed in public places, on the notice board of any local tashildar, etc., as directed. Such steps are meant to get the evader to comply with the Summons.The service of summons can be made through affixation of a copy of summons on outer door or some other eminent part of that house in which defendant ordinarily resides or carries on business or works for gain.

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Eshaandeep Ahluwalia   03 May 2022

For summons by munadi and affixation,can the advocate or his munshi go & the paste the summons at the residence of the defendant or the court servers are directed to go and paste the summons ?

Shubham Bhardwaj (Advocate)     03 May 2022

Dear Mr Ahluwalia, 

The process server will go and afffiix it. However, advocate or munshi can go with the process server to observe the affixation. The process server will thereafter make a report on the copy of the summon and put it before the concerned court. 

 

Regards

Shubham Bharwaj (Adovctae)

Eshaandeep Ahluwalia   03 May 2022

process server will make a report and put it before court ?

Shubham Bhardwaj (Advocate)     03 May 2022

Dear Mr Ahluwalia, 

Yes, different courts have different practices. This report is not a formal one. It is simply an endorsement on the back of the duplicate of the summon which is deposited with the Ahlmad and the same is put is put in file. The court reads the endorsement and frames an opinion as to whether the service is complete or not. In some courts it is also the practice that Ahlmad will put up a office report for the consideration of the judge,after which the decision is taken as to service or not. 

Regards

Shubham Bhardwaj (Advocate) 

Eshaandeep Ahluwalia   03 May 2022

But if summons are affixed at residence of the person summoned, doesn't that mean that summons are served successfully & person summoned is bound to appear.So what's the need for a office report based on which the court has to further take a decision to issue further summons. Based on what you are saying you are saying that summons by affixation can also be evaded by person summons & how is that even possible

Shubham Bhardwaj (Advocate)     04 May 2022

Dear Mr Ahluwalia, 

It is not that summoned person can evade the service. But the court based on the report of the process server takes a decision as to whether it will be good service. When the process server affixes the summon, he is supposed to examine neighbour who identified the house of the person summoned. Now if there was no person to examine while affixing the summon or house could not be identified to full satisfaction due to any reason, the court may order that summons were not duly served. Thus in such case, service through publication becomes necessary. 

I hope you get the entire picture. 

 

Regards

Shubham Bhardwaj (Advocate)


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