Querist :
Anonymous
(Querist) 21 October 2011
This query is : Resolved
Not respoding on summon by court dully received and signed comes under which section of CIvil Law. Is it a negligence of court and law? Pl. inform about section and code.
Kiran Kumar
(Expert) 22 October 2011
refusing to accept summons in a civil suit is not an outright offence.
the court will make efforts to bring the person to trial through alternative methods as provided in CPC.
and if after due service the person does not appear then the court will proceed exparte against the other party.
Nadeem Qureshi
(Expert) 22 October 2011
Mr. Kiran is right
Sailesh Kumar Shah
(Expert) 22 October 2011
Rightly opinioned by Shri Kiran Kumar.
prabhakar singh
(Expert) 24 October 2011
When a defendant does not respond to a suit and flails to appear before court DESPITE SERVICE OF SUMMONS ON HIM, the court is to proceed exparte against him u/o9r6(1)(a)of CPC.
Devajyoti Barman
(Expert) 24 October 2011
Yes refusal to receive the summons is a good service and hence the court thereafter can proceed ex parte.
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