refusal of summons by defendants
Guest
(Querist) 28 June 2009
This query is : Resolved
The defendants have refused to accept the court summons as well as the private service.
Instead of proceeding against the defendant by declaring them 'ex parte', the judge has ordered to send summon again.
Is it legally valid?
A V Vishal
(Expert) 28 June 2009
In my opinion no, since on refusal to accept summons, the Court issuing the summons may declare that the summons has been duly served.
Guest
(Querist) 28 June 2009
Mr. Vishal, thanks.
During the next hearing, (after obliging the court by sending one more summon, during its' service is awaited), shall I file a Memo quoting the 'refusals' and seek orders to declare defendants as 'exparte'?
PALNITKAR V.V.
(Expert) 28 June 2009
In fact you should have made application earlier. Better late than never. But it is within discretion of the court to order fresh summons.
M. PIRAVI PERUMAL
(Expert) 28 June 2009
In the alternative you can ask the Court for permitting the plaintiff to effect publication of the notice in one newspaper.
Swami Sadashiva Brahmendra Sar
(Expert) 29 June 2009
There is no infirmity in issuence of second summons. next time you can reqest for publication as advised by mr perumal.
Guest
(Querist) 29 June 2009
As the defendants reside at a foreign country, I have ruled out newspaper publication.
Thanks to all experts for their prompt reply.
Y V Vishweshwar Rao
(Expert) 01 July 2009
The sumons can be ordered by Judge till the Judge is satisfied that the Summons are served properly and that well indavace to the date of hearing enabling deft. to reach the court or otherwise able to appear and represent before the Court !
M. PIRAVI PERUMAL
(Expert) 03 July 2009
You can seek permission to take summons through e-mail. Recently in a matrimonial matter on application the court has permitted me to take summons through email.
rupareliya
(Expert) 26 July 2009
court can issu fress summon
