Issue a notice to the respondents
Sagar
(Querist) 09 February 2013
This query is : Resolved
Hi,
We are filling a civil case in district court. There are 5 respondents to which court need to serve notice/summons. Out of these 5 respondents 3 are traceable on their addresses, but we don’t have proper address for the 2 to whom notice is not getting serve. We don’t have any updates about these 2 people since long. These five respondents belongs to one family only but scattered to different location after their marriage.
Please let me know what can be done in this case?
Regards,
Sagar
R.K Nanda
(Expert) 09 February 2013
serve them by publication in at least 2 leading newspapers of ur state. at their last known addresses by court orders.
Nadeem Qureshi
(Expert) 09 February 2013
Dear Sagar
I completely agree with Mr. Nanda, you have to be filed an application under Order 5 Rule 20 of CPC for Publication of Summon to respondent
20. Substituted service
(1) Where the Court is satisfied that there is reason to believe that the defendant is keeping out of the way for the purpose of avoiding service, or that for any other reason the summons cannot be served in the ordinary way, the Court shall order the summons to be served by affixing a copy thereof in some conspicuous place in the Court-house, and also upon some conspicuous part of the house (if any) in which the defendant is known to have last resided or carried on business or personally worked for gain, or in such other manner as the Court thinks fit.
1(lA) Where the Court acting under sub-rule (1) orders service by an advertisement in a newspaper, the newspaper shall be a daily newspaper circulating in the locality in which the defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain.]
(2) Effect of substituted service—Service substituted by order of the Court shall be as effectual as if it had been made on the defendant personally.
(3) Where service substituted, time for appearance to be fixed—Where service is substituted by order of the Court, the Court shall fix such time for the appearance of the defendant as the case may require.
HIGH COURT AMENDMENT
Punjab, Haryana and Chandigarh.-
In Order V, in rule 20, insert the following proviso, namely:-
"Provided that if service in the ordinary manner or by registered post is not effected for the first date of hearing the Court may direct substituted service, in such manner as the Court deem fit even if no application is made by or on behalf of the plaintiff for the purpose."
[Vide Punjab Gazette, Pt. III (L.S.), p. 303, dated 11th April, 1975; Haryana Government Gazette, Pt. III (L.S.) p. 189, dated 25th March, 1975, Chandigarh Administration Gazette, Pt. II, p. 95, dated 1st May, 1975.]
Raj Kumar Makkad
(Expert) 10 February 2013
You need to move an application before the court under Order 5 Rule 20 read with section 151 of CPC citing therein that no ordinary summoning of two respondents is possible hence a publication at the expenses if the petitioner/applicant be allowed and yiu can get it done thereafter as per order of the court.
Sagar
(Querist) 10 February 2013
I thank you all for the prompt response.
V R SHROFF
(Expert) 10 February 2013
Paper notice thru Court is sufficient.
