service of defendant
Adv B.B.Gambhir #9814820602
(Querist) 15 February 2011
This query is : Resolved
in a civil suit, if defendant did not appear and his presence is required for the purpose of proper decision of the suit, can the court use coercive mathod to procure his presence
Sanjeevappa. L
(Expert) 15 February 2011
there are substitute methods service of summons to defendant. Like summons through registered post, through special process server, affixture, tom-tom, paper publication.
Kirti Kar Tripathi
(Expert) 15 February 2011
The Rule 10 and 12 of Order XIV of CPC deals with this situations. they are produced as below
10. Procedure whose witness fails to comply with summons
1[(1) Where a person to whom a summons has been issued either to attend to give evidence or to produce a document, fails to attend or to produce the document in compliance with such summons, the Court—
(a) shall, if the certificate of the serving officer has not been verified by affidavit, or if service of the summons has been effected by a party or his agent, or
(b) may, if the certificate of the serving officer has been so verified, examine on oath the serving officer or the party or his agent, as the case may be, who has effected service, or cause him to be so examined by any Court, touching the service or non-service of the summons.]
(2) Where the Court sees reason to believe that such evidence or production is material, and that such person has, without lawful excuse, failed to attend or to produce the document in compliance with such summons or has intentionally avoided service, it may issue a proclamation requiring him to attend to give evidence or to produce the document at a time and place to be named therein; and a copy of such proclamation shall be affixed on the outer door or other conspicuous part of the house in which he ordinarily resides.
(3) In view of or at the time of issuing such proclamation, or at any time afterwards, the Court may, in its discretion, issue a warrant, either with or without bail, for the arrest of such person, and may make an order for the attachment of his property to such amount as it thinks fit, not exceeding the amount of the costs of attachment and of any fine which may be imposed under rule 12 :
Provided that no Court of Small Causes shall make an order for the attachment of immovable property.
12. Procedure if witness fails to appear
1[(1)] The Court may, where such person does not appear, or appears but fails so to satisfy the Court, impose upon him such fine not exceeding five hundred rupees as it thinks fit, having regard to his condition in life and all the circumstances of the case, and may order his property, or any part thereof, to the attached and sold or, if already attached under rule 10, to be sold for the purpose of satisfying all costs to such attachment, together with the amount of the said fine, if any:
Provided that, if the person whose attendance is required pays into Court the Costs and fine aforesaid, the Court shall order the property to be released from attachment.
2[(2) Notwithstanding that the Court has not issued a proclamation under sub-rule (2) of rule 10, nor issued a warrant nor ordered attachment under sub-rule (3) of that rule, the Court may impose fine under sub-rule (1) of this rule after giving notice to such person to show cause why the fine should not be imposed.]
Kirti Kar Tripathi
(Expert) 15 February 2011
Sorry, the above provisions are not related with query as the same is related with witness.
C.P.C. do not provide any such provision, however, it can proceed the case ex-parte, if service is presumed.
Shyam Ji Srivastava
(Expert) 17 February 2011
Dear Members,
Agreed with the views of Mr. Sanjeevappa,L
and want to add that after publication case wiill be proceded EX-PARTY against the defandant.
SHYAM JI SRIVASTAVA
ADVOCATE
