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vaidyanathan (retired psu employee)     19 December 2016

Summons by email

To seve summons through various courts it takes delay and cumbersome for the litigants. When threat, abuses etc if on email taken cognissnce why not summon served through email considered by courts?



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 8 Replies

Ms.Usha Kapoor (CEO)     19 December 2016

Out of 120 billion population only 30% is covered by computers amd internet but not everybody. Once internet penetrates every one in India till then ordinary summon only we 'll have to rely. No other alternative.

If you appreciate this nswer please give me all my profile likes.

vaidyanathan (retired psu employee)     19 December 2016

thanks for your answer but offlate no one is having phone which does not have email facility. ok at least if proved they have email then can be considered?

Kumar Doab (FIN)     19 December 2016

 

Civil Procedure Code :

27. Summons to defendants

https://www.vakilno1.com/bareacts/laws/civil-procedure-code-1908.html#27_Summons_to_defendants

Kumar Doab (FIN)     19 December 2016

Order V: Issue and Service of Summons:

OrderV:Issue and Service of Summons;

Issue of Summons

 

1. Summons

Service of summons:

https://www.lawzonline.com/bareacts/civil-procedure-code/order5-rule5-code-of-civil-procedure.htm


(Guest)
Originally posted by : vaidyanathan
To seve summons through various courts it takes delay and cumbersome for the litigants. When threat, abuses etc if on email taken cognissnce why not summon served through email considered by courts?

You can send notice by email.  and also take exparte orders based on non-appearance of respondent, but be ready to roam to court as exparte orders are temporary in nature and can be challenged in appelate courts.  Where there is a way, there are hundred ways to misuse it.

Dr J C Vashista (Advocate)     22 December 2016

Originally posted by : vaidyanathan
To seve summons through various courts it takes delay and cumbersome for the litigants. When threat, abuses etc if on email taken cognissnce why not summon served through email considered by courts?

Very well advised by expert "Helping Hand" who is otherwise also really a HELPING HAND to needy litigants.

Although your query is debatable on an academic topic qua service of summons by Court yet I do not subscribe to your views since in a civil case the Court is competent to pass an ex-parte order, if prayed. In a layman's language "stay"/injuction/status quo order is instantly issued in serious/urgent case(s) at the time of admission stage itself, without issuance of summons/ notice to defendant(s) till next date of hearing, which is must faster than any mode of service (including e-mail) of summon/notice.

In case of criminal complaint police is competent to arrest accused even before issuance of warrant of arrest and in that case no need to file application, issue of summons, notice and/or warrant. 

vaidyanathan (retired psu employee)     24 December 2016

Not Found

The requested URL /bareacts/civil-procedure-code/order5-rule5-code-of-civil-procedure.htm Read more at: https://www.lawyersclubindia.com/forum/Summons-by-email-145267.asp was not found on this server.

Kumar Doab (FIN)     24 December 2016

Page at:

https://www.lawzonline.com/bareacts/civil-procedure-code/orderV-code-of-civil-procedure.html

 

does open up.

 

Or search title with help of Google.

 

Or obtain from your counsel.


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