Summon
Dr. Shekhar
(Querist) 21 May 2014
This query is : Resolved
The summon order for speed post , Registered AD and Courier was made by Hon'ble judge in the first date in April 14.
All these I arranged to be posted. However, only courier out of these was delivered and acknowledged by the recipient.
Now the next date is Oct 16. My question is do I need to deposit the summon delivered note of courier to the Court to put in file before the next date ? or it has to be given to the judge on next hearing.?
V R SHROFF
(Expert) 21 May 2014
YES , YOU DEPOSIT WITH COURT COURIER REC+ rEGD POST & SPEED POST POSTAL RECEIPTS
aLSO ASK DETAILS/ TAKE PRINTS FROM INTERNET, THE DETAILS OF POSTAL DELIVERY, IF ANY..
Dr. Shekhar
(Querist) 21 May 2014
Dear Mr Shroff, Many thanks for your reply.
1) The speed post and Regd post is not delivered. Do we still need to deposit with court there tracking status print out from the internet ? or only the receipt from the post office ?
2) Is there any time frame for depositing these or any date before the next hearing is fine?
V R SHROFF
(Expert) 21 May 2014
1] YES+ BOTH
2] DEPOSIT ON NEXT DT.
Dr. Shekhar
(Querist) 21 May 2014
So I need to deposit all these receipts on the next hearing date only and not before that?
Devajyoti Barman
(Expert) 21 May 2014
yes, submit all the receipts on the scheduled date only.
Dr. Shekhar
(Querist) 21 May 2014
This was the first summon to the respondent who is located overseas. And I have been informed by the DHL courier,that the recipient respondent was not at all cooperating to receive although at last agreed and received the courier. The speed post and registered post has not been delivered until now.
My question is that what if the next second or even third summons are not received by the recipient respondent. So can the court decide the case ex parte in such situation on the of the first summon which was sent by courier and received by respondent, And the tracking records of the second and third summons showing that recipient not receiving.
Devajyoti Barman
(Expert) 21 May 2014
Unless you satisfy the curt about service summons the court will not fix ex parte hearing.
I believe you are not an advocate , then how are you related to this query?
ajay sethi
(Expert) 21 May 2014
you have to satisfy court about service of summons
Dr. Shekhar
(Querist) 21 May 2014
Thanks. If you see my query again I have mentioned that the first summon was received by recipient and delivered to the respondent as proved by the tacking records of DHL courier. The question is about second and thirds summon which the respondent doesn't wants to receive. So is it also necessary or first summon which is delivered is sufficient to satisfy court? and about the second and third the tracking record can be given though not delivered.
Dr. Shekhar
(Querist) 21 May 2014
I believe you are not an advocate , then how are you related to this query?
To my understanding Family court matters does not require by law only advocate.
Hope it answers your query.
Dr. Shekhar
(Querist) 22 May 2014
I request the honorable experts to kindly help me with below query which again I repeat as not received any reply.
If you see my query again I have mentioned that the first summon was received by recipient and delivered to the respondent as proved by the tacking records of DHL courier. The question is about second and thirds summon which the respondent doesn't wants to receive. So is it also necessary that second and third summon are delivered or first summon which is delivered is sufficient to satisfy court? and about the second and third the tracking record can be given though not delivered.
BAALASUBRAMANNYAMM
(Expert) 22 May 2014
Acknowledging a single summon by the Respondent/defendant/opposite party , is enough. In case, if the respondent failed to attend before the court, even after receipt of a summon, the court will pass orders in his absence. So No need to sending summons again and again to the respondents on each and every adjournment.
Dr. Shekhar
(Querist) 23 May 2014
Mr Baala Subrahmanyam, Many thanks for such a satisfactory reply. Best regards CA RKumar
Surrender K Singal
(Expert) 28 May 2014
Any one of the three modes is sufficient for Court to consider summons duly served; Do inform the Court of service report from DHL with recepient's signature
