Sufficient service of summouns
sanjay kumar patibandla
(Querist) 06 September 2011
This query is : Resolved
I filed a suit for injunction. along with the suit I filed the petition for ad interim injunction. Hon'ble court was pleased to grant exparty interim injunction. I complied the Rule 3. Rule was served on the defendants. I received the acknowledgement. But the defendant is not taking the summons in suit proceedings.
Service of Rule 3 notice is sufficient notice is sufficient service of summons or not ?
adv. rajeev ( rajoo )
(Expert) 06 September 2011
To comply the order is mandatory, that you have done. If defendant is avoiding the service of summons then go for substitute service.
Advocate. Arunagiri
(Expert) 06 September 2011
Service of notice can not be equated to the service of summons for the suit.
You can take alternative mode of service.
Shastri J.K.
(Expert) 06 September 2011
pl tell corect wording of service report of notice, if defendant has denied to take notice then sufficient service of summons other wise You can take alternative mode of service.
prabhakar singh
(Expert) 06 September 2011
On the basis of service of notice of injunction application only this much can be assumed that defendant op was not interested in opposing your injunction application.
Hence you should be guided by provisions contained in Order V and specially its rule 17 to rule 20 of the C.P.C. for service of summons on him.
However,if service was sought by any registered post and is endorsed with a refusal,then you may pray the court to presume the service.
Service can also be presumed by court,if summons sent by registered post did not return at all on your application along with showing receipt on the record.
