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?.
Adinath@Avinash Patil (advocate) 31 July 2009
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?.
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