In civil suit under code of civil procedure section 54.There are 5 defendants and one of the defendant is not receiving the notice by court and court not proceed in this suit.i want solution for
1) what if one defendant not receive notice
2) is there any option for proceeding in this situation like giving paper notice ect.
3) or court have any rights to give instructions to police to search defendant.
dear queriest
Yes there is a procedure called taking steps. Please file a memo before the court for taking steps i.e. to order for a paper publication and despite the publication if the defendant doesnt appear before the court then he will be set Ex Parte and the court will proceed with the remaining defendants.
the complainant who is the wife shestill retains the right to file a case at any given point of time if the differences arise between both .Hence it is suggested that you contest the case.
Solomon Raj
Advocate High Coutts of AP &TS
Bharat Gaurav Samman Awardee
email:justiceleague 367 @Yahoo.com
Rajcarey@yahoo.com
Ph:9866545086
