Bailiff bribed to give wrong report
somesh
(Querist) 15 March 2014
This query is : Resolved
Dear Expert
i have filed rcr in mumbai and served rcr summons to my wife in haryana through court bailiff, but in the report he submitted to court has declared that he didnt found the house hence summons are unserved.
my FIL is aware of each and every point i had narrated in the notice as he spoke to me on the day he received the summons over fone asking me why i had written so many things in the notice, which clearly defines that FIL bribed the bailiff.
now court has ordered reissue of the summons and to be served again.
Please advice me how to go through bailiff to serve the summons and get the positive report, i really need my wife back.
Thanks
Sudhir Kumar, Advocate
(Expert) 16 March 2014
if you received the telephone call then please give a written complaint to the magistrate in whose jurisdiction (in Haryana)_ the bailiff is serving.
You may be having atleast call details if not recording.
prabhakar singh
(Expert) 16 March 2014
Though Bailiffs are state employees their reports carry little credence.Better send summons and notices now by registered post.Try to get a report of denial,if the same is not accepted.When even this fails you can apply for a substituted service by publication in news paper.
For facts stated, it would not be possible to prove bailiff was bribed and no one goes charged of an offence without evidence.Courts are well aware how bailiffs serve,and they just ignore it,unless they personally serve,their report of denial is generally ignored and fresh steps of service is ordered.
So far RCR is concerned,even if gets decreed,it can not be executed against will of your wife.
V R SHROFF
(Expert) 16 March 2014
I fully agree with experienced and wise views of Shri Prabhakarji.
You can apply u Rule 19 of Order 5 of Civil Procedure code to take Bailiff on Task.
BUT NOT RECOMMENDED, AS CANNOT BE PROVED.
BETTER RE-ISSUE SUMMONS AS SUGGESTED BY SHRI PRAKAKARJI.
Remember, RCR is Useless, a cannot be enforced.. No execution...
Only create a Ground for Divorce Petition, as the cost of loosing/ delay almost 4 years of court proceedings and waiting period to file Divorce thereafter!!
Rajendra K Goyal
(Expert) 16 March 2014
Again send summons and if not served explore possibility of alternate service through publication.
RCR is wastage of time and money providing almost negligible results.
Guest
(Expert) 16 March 2014
I agree with the advice of Shri Prabhakar Singh.
T. Kalaiselvan, Advocate
(Expert) 16 March 2014
It is not an uncommon allegation against the bailiff. This is the fate through out the country, this has got no language barrier, caste or credence, most bailiffs across the length and breadth of the country are of this nature which even the concerned courts are aware of it but are not able to initiate any action without any evidence. It is better to seek permission from court for a simultaneous private registered notice too on the next hearing and after that the other steps suggested by the experts above may be followed.
