Court notice
Rasheedkhan
(Querist) 01 November 2015
This query is : Resolved
Court notice ordered by Madras High court fo r Civil Revision Petition . Due to respondent went to abroad notice returned mentioning addressee went to foreign. How many time court will order to send court notice to respondent . what is the procedure to serve notice again to respondent by court or by petitioner to respondent if already court notice returned for above mentioned reason. thanks,
Hemant Agarwal
(Expert) 02 November 2015
1. File affidavit stating fact (supported with documentary evidence) about "non-service of Notice, mentioning addressee went to foreign"
2. Consequent to above, move separate application for "Pasting Notice /Summons" to be executed by court bailiff or local police station.
3. Consequent to execution of "Pasting Notice /Summons" (in civil cases), file another application to hear matter on ex-parte basis, subject to various parameters and due procedure of law.
Keep Smiling .... Hemant Agarwal
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Rajendra K Goyal
(Expert) 02 November 2015
Prey the court for service by alternate mode of service and if respondent does not present prey for ex-party proceedings.
K.S.Srinivas
(Expert) 03 November 2015
I agree with Sri Hemant Agarwal.
Dr J C Vashista
(Expert) 05 November 2015
It is a civil revision petition wherein the defendant/respondent has been aggrieved, as presumed. The revisionist has to get it served through public notice (Or. V R 20 CPC)if cannot be served in ordinary manner (including pasting-chaspa). However, if the revisionist can find out present address where the respondent is living abroad, it can be served through diplomatic bag.
Discuss/consult with your or some other senior local lawyer.
