Hi All,
For the NI-138 case to be filed we had 30 days delay. So we went for condone delay appeal with proper and accepatable reason. The summons of condone delay were sent to respondent couple of times.
For the first time via registered post , we got reply that the respondent left the place.
So the megistrate judge asked us , how you people will serve condone delay summons , if respondant keep on changing address. Also he adviced that there are judgements existing from supreme court , for accepting the condone delay appeal , in such cases where the people keep on chaning address / not traceable / left the place.
We already sent the summons second time also to respondant via registered post , but no luck for us.
The curent situation is the repondant is not at his place (Rental(Rental Aggremment)/Native(Aadhar card address)) and repondant is neither unclaiming or rejecting or refusing the summons.
So kindly help me with supreme court/ other court's judgements- where the respondant is not located at speciifc address / Left India / Not accepting the summons , so that it will help in my case for accepting the delay of condanation petition and going forward for and Oath and filing NI138 main case infront of respectful megistrate judge.
Thanks a ton in advance.