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Adinath@Avinash Patil (advocate)     31 July 2009

civil

Hello everybody  what is the procedure in code of civil procedure or civil manual if summons served or unseved by bailif but concerned bailif and benchclerk  dod not submit in i the concerned suit or application for aperod of one year?.



Learning

 2 Replies

Y V Vishweshwar Rao (Advocate )     01 August 2009

The Report of the Process Server is not  placed along with Suit records for consideration of the Judge to order fresh summosn /ro/ to recorded Summons are properly served - the delay  is for a period of one year -  The Proceedigns are unwantedly  beign delayed -I think  it is  the gist  of  the query !

You have to file  a memo before the Cheif magistrial Officer (CMO)  of the said  Court and put on record and request him to trace the Report of the process server and to attach the same to the suit  proceedigns for consideration of  the Judge for furhter proceedings in the suit -after some- if it is not worked out - report to the concerend Judge to  rectifying the same

Even  then if it is not rectified - report to the Distrit Judge who will call for a report on the issue and  will take required steps in thsi regard .

 

Jithendra.H.J (Lawyer)     08 August 2009

I agree with Sri YVV Rao

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