Summon enquiry

checkminee (Querist) 22 June 2011 This query is : Resolved
want to enquiry like, if no one will be found at the address when the summon arrives and summon is sent back to court by postoffice by giving the remarks like no one is at address then what will happen......will they send the court send the summon again if yes then how and if not then why............ or is it possibility court will dismmiss the case.............

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Devajyoti Barman (Expert) 22 June 2011
The court should be applied for issuing substituted service under order five rule twenty of cpc.
This is not a sufficient ground for dismissal of suit.

prabhakar singh (Expert) 22 June 2011
apply for substituted service,eg., publication in news paper.dismissal of suit is not attracted unless a default of order of court take place.

checkminee (Querist) 22 June 2011
what is substituted service...

who has to go for the substituted service, if some one will not go for substituted service then what will happen....

Devajyoti Barman (Expert) 22 June 2011
Ask your advocate to do that, he will understand what does this mean.

Arun Kumar Bhagat (Expert) 25 June 2011
It is a good service. Warrant of arrest shall be issued.

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