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Sachin Gulyani (Student)     24 September 2016

Service of summons proof

Hi All,


Recently I asked on this forum about the divorce summons which was served but was lost by the postal authorities.  So matter goes this way.  The divorce summons (interstate) was duly served on the very first time but the acknowledgement was lost while returning back to court of the petitioner.


When respondent came to know about the case he eloped from the place and was trying hard to avoid fresh summons all the time.  All 5 attempts to serve the fresh summons were in vain and the respondent was successfully to linger the case.


One year passed like this.  Now after one year, through RTI, Petitioner got the reply from RTI that the summons is duly served on xx/xx/xxxx date with serial no. xxxx and outward no. xxxx .  The summons is served to one of the respondent’s relative.


Also, the last summons sent by court came back with the remark “ Mein diye gaye pate pe gaya. Waha pe xxxxxxx(Respondent) ko dhundne ki koshish ki.  Waha pe upastit vyakti ne summons lene se inkar kar diya.”


So to finally summarize the service of summons stage during this one year, it is this way:

  1. We have RTI reply which says that the summons is served.
  2. We have one more summons returned back with the above mentioned remark.


Now my question is, will these two things will help to start the case ahead?  Is this enough to prove that the summons is duly served and can court proceed further for exparte after this?




 5 Replies

adv.bharat @ PUNE (Lawyer)     24 September 2016

Sachin ji you need to make request the honerable court .

This is sufficient ground or not it is discretion of the court.


Laxmi Kant Joshi (Advocate )     24 September 2016

Now you move an application before the court for seeking permission for publication , publish it in the news paper and on the next hearing date request the court for exparte evidence.


For one year what was your advocate doing? Eating bananas? If summons are not being served first time around,

Ask court to go for paper notification.

Even after paper notification if party wont appear, (30 days). To be done twice in local paper, copy submitted to court.

Then file CRPC 65 asking court to paste the summons to conspicuous part of the house or building where respondent is or was staying.  Then again wait for respondent to appear, for total of 60 days then press for passing exparte orders.

Sachin Gulyani (Student)     26 September 2016

Dear All,


Is it necessary now to give newspaper publication?  We already got reply that the notice is served one year back.  


We gave the application for newpaper publication earlier when we were having no reply from RTI.  That newspaper publicaton application was rejected twice by court.  


Why to go for publication now?  It is already served as per the report.  In between 2 RPADs were sent but returned back with the remark that the respondent left that place.


Its being one year and respondent is succesful in wasting the time of the petitioner and court too.  Can't we proceed further from now on without newspaper publication?

Sachin Gulyani (Student)     27 September 2016

Thank You So much for your replies.


Noname_123, you have a valid point...  We will mention in the same way as you described here.  " Why will a PIO officer give letter as summons has been served if it has not actually served?"

Good Line.


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