Regarding service of notices

Querist : Anonymous (Querist) 25 January 2011 This query is : Resolved
During practice, it has commonly seen that when ever dasti notice is issued, the organisation refused to accept the same through messanger
when I posted to the parties, the counsel submits that it has not received the same and wasted time for proceedings

What will be the alternative to serve the notice when parties are not willing to accept the same?

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pritamsaini (Expert) 25 January 2011
move application under order 5 rule 20 cpc

sachin sethi (Expert) 25 January 2011
Yes if it is a Civil case then file an application under order 5 rule 20....and if it is a criminal case then file an application under section 64 and 65 of Cr.P.C.....

Arvind Singh Chauhan (Expert) 25 January 2011
I do agree with experts.

Advocate. Arunagiri (Expert) 25 January 2011
What is the endorsement by the postal department on the returned Registered Post?

Amit Minocha (Expert) 28 January 2011
O 5 R 20 may not be allowed at the first instance unless there is a specific reason. For serving dasti send the plaintiff along with process server and also record the refusal statement of process server it would help to get ex parte orders

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