Advice needed
Mugundhan
(Querist) 09 September 2010
This query is : Resolved
Dear Experts, I am going to file a suit for partition against 3 defendants. One of the defendants is residing in France. HIs address is not known. Only the email id is known. my questions
1. Is it possible to find out his address using the mail id?
2. will the court accept service by email?
3. If yes, what is the procedure?
Thanks in advance.
Arvind Singh Chauhan
(Expert) 09 September 2010
Nice issue I am also eager to know the answers from learned members.
s.subramanian
(Expert) 09 September 2010
Yes. You can send the summons by email and Order 5 Rule 25 of CPC provides for it. Go ahead.
mahendrakumar
(Expert) 10 September 2010
you view the address of the email id only,if the profile is allowed to be viewed publicly.
if there is a court order,the email service provider can reveal the address and other available details with them.
adv. rajeev ( rajoo )
(Expert) 10 September 2010
If his e mail ID is closed then what will u do, so better to follow the procedure laid down in the C.P.C.
Mugundhan
(Querist) 10 September 2010
Dear Subramaniam sir, when I referred to Order 5 Rule 25 of CPC, I found in High Court amendment Madras : (i) For Rule 25, substitute the following: " 25, Where the defendant resides out of India and has no agent in India empowered to accept service, the summons may be addressed to the defendant at the place where he is residing and sent to him by post, if there is postal communication between such place and the place where the court is situate"
In view of the above Sir, I have the following queries:
1. Whether in respect of courts coming under the jurisdiction of the Madras High Court, service by email is not possible
2. If yes what is the option left to me
Thank you.
s.subramanian
(Expert) 11 September 2010
The amendment of Madras High Court was prior to the Amendment of CPC in 1999. It has no force now. You can exercise the right under the present Order 5 Rule 25 of CPC. Absolutely no bar in this.
s.subramanian
(Expert) 11 September 2010
Moreover you have left out the word"British" used in the amendment of the Madras High Court which was brought in.
Surrender K Singal
(Expert) 11 September 2010
CPC has been amended to allow alternate modes of service like electronic mail
pawan sharma
(Expert) 15 September 2010
yes, service can made through E-mail, on this issue i am agree with both the expert.
