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Mukesh (Sr. Exec. Marketing)     04 July 2013

Serving a notice by email

If one of the 3 parties is not accepting notice for the last 3 years due to which case is still not in court hearing , Can we  email the notice to persons email id? whether it has legal validity? or else what can be done so as to speed up the same.Kindly advise..


 4 Replies

Neha Chowdhary (Law Officer )     04 July 2013


When ur parties are not accepting one thing...just paste notice on their last know address.....

Request court to proceed Ex-Parte...



ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     04 July 2013

Notice through email is not valid in legal proceedings.

Kapil Chandna (Lawyer at Supreme Court of India)     06 July 2013

Whats the problem then there are different ways in which notice could be served ....

Advocate Bhartesh goyal (advocate)     07 July 2013

Service of summons through E.Mail is not   valid service.file application under order 5 rule 20 of CPC

20. Substituted service

(1) Where the Court is satisfied that there is reason to believe that the defendant is keeping out of the way for the purpose of avoiding service, or that for any other reason the summons cannot be served in the ordinary way, the Court shall order the summons to be served by affixing a copy thereof in some conspicuous place in the Court-house, and also upon some conspicuous part of the house (if any) in which the defendant is known to have last resided or carried on business or personally worked for gain, or in such other manner as the Court thinks fit.

1(lA) Where the Court acting under sub-rule (1) orders service by an advertisement in a newspaper, the newspaper shall be a daily newspaper circulating in the locality in which the defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain.]

(2) Effect of substituted service—Service substituted by order of the Court shall be as effectual as if it had been made on the defendant personally.

(3) Where service substituted, time for appearance to be fixed—Where service is substituted by order of the Court, the Court shall fix such time for the appearance of the defendant as the case may require.

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