Serving of summons on witness
Bhoomika
(Querist) 30 September 2012
This query is : Resolved
I want to summon one of the defendants as witness by serving the summons via his advocate/counsel. I want to know if I need to pay any expenses to ask the defendant to appear as a witness. (Civil lawsuit in State of Maharashtra) Mine is an encroachment lawsuit in which the said defendant has encroached upon my land. He is living in the same city.
PS: It would help if anybody could provide the format for serving the process. Can I use the same format which is used when the court bailiff serves summons?
Bhoomika
(Querist) 30 September 2012
I am the plaintiff
Kiran Kumar
(Expert) 30 September 2012
the summoning has to be with the permission of court, its not a private act.
you may read the entire law in this regard in Order 5 CPC
R.K Nanda
(Expert) 30 September 2012
1.file application u/s 151 of cpc in court and get it allowed by court.
2.then file process fee form with nominal process fee affixed on it, in court, and ask
record keeper of court to make summons for defendant, to be sent to nazarat of court so that process server serve summons on defendant to appear in court on date fixed, as witness.
Bhoomika
(Querist) 30 September 2012
I had read in an LCI forum that you can serve the summons to the witnesses by yourself. I am quoting below
"if you want to serve the summons to the witnesses by yourself then you can file an application under ORADER XVI - 7A of CPC for personal service of summons [ this will avoid delays and not receiving acknowledgement etc via post).. You don't need to bribe anyone to get the summons served if u follow this process.
The proof of service can be filed with the court using ORD V - Rule 16 & 18 of CPC - signature and witness of service...."
Is this correct??
R.K Nanda
(Expert) 30 September 2012
follow the advice given 2 u.
Bhoomika
(Querist) 30 September 2012
Thank you R.K. Nanda Sir
Devajyoti Barman
(Expert) 01 October 2012
Service of summons especially in civil case can be done by service through post or through personal service.
In either of the most of service it is done subject to permission of court.
You need not aay any cost for this.
Guest
(Expert) 03 October 2012
With reference to the language of your question, as "I WANT TO SUMMON one of the defendants as witness by serving the summons via his advocate/counsel," I can say that a defendant or witness can be summoned by the court and not by individual himself. So, the question arises, whether the summon is issued under the sign and stamp of the court of law or by yourself in your indiviual capacity?
Bhoomika
(Querist) 05 October 2012
Thank you Devjyoti Barman Sir, I have submitted my witness list along with the application to allow personal service.
