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Summon

(Querist) 05 July 2014 This query is : Resolved 
The summon has been delivered to the respondent by courier. Do i need to furnish the summon delivery print out, at the court before the next date which is in Oct 2014 or I need to submit these to the judge at the hearing date in Oct? Kindly help me with the right decision in this matter. Thanks so much.
Lawyer SALEEMA KABEER (Expert) 05 July 2014
Yes. As per Indian law is concerned issuance of summons or notice alone are not sufficient to proceed further but it has to be shown that it was served to the respondent.
Dr. Shekhar (Querist) 05 July 2014
Yes please the summon has been served as the track record of the courier is showing that it has been received by the respondent. Now my question is do I need to deposit these documents of summon receipt/ delivered in my file before the next date which is in Oct 14 or it is to be produced only at the time of next hearing in Oct14 before the judge?
ajay sethi (Expert) 05 July 2014
produce proof of service on next date before the court
Lawyer SALEEMA KABEER (Expert) 05 July 2014
At your option, either it can be filed in the office of the court even before the date of hearing or before the Court at the time of hearing.

But, you have to verify whether the filing of proof of service is properly accounted in the said case proceedings.

Devajyoti Barman (Expert) 05 July 2014
professional query.....
Rajendra K Goyal (Expert) 05 July 2014
Submit proof of delivery of summons on the next date.
R.K Nanda (Expert) 05 July 2014
consult local lawyer.
Advocate Ravinder (Expert) 05 July 2014
Normally courts will not send summons through courier. It will prefer through Registered post. Ack. Due and through court process server. Sometime it will send summons through Speed post, Ack.Due. Hence, in the above case, there is no need to you to produce receipt of summons. The Ack. will directly go to the Court, because the sender will be Court.

In rare cases, the court permit to send summons through courier.
V R SHROFF (Expert) 05 July 2014
court need Report of service of summon. [ Need to send thru PS / Court..
T. Kalaiselvan, Advocate (Expert) 06 July 2014
In the next date of hearing, wait for her to appear before the court on receipt of summons served on her, if she fails to turn up, you may produce the proof of delivery of the summons sent through courier service and request the court to set her exparte.


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