Nitin (Professional) 20 November 2009

Notice to defendent under money suit

I have filed money recovery suit against my ex-landlord for refund of deposit amount. However, he has moved his residential address and his new address is not known to me. Registered A/D letter sent by m advocate has returned with the note as "Shifted'.He has been avoiding Court summons,as the Court server is not able to locate him. What remedy I have according to the law ? is is'nt sufficient to serve him the notice at his last known address?

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6 Replies

M.P.KRISHNAIAH (ADVOCATE) 20 November 2009

You can apply for substituted service through court by filing a petition.

Suchitra. S (Advocate) 20 November 2009

Apply for substituted service from the court.

Nitin (Professional) 20 November 2009

Thank you Sir, I will surely talk to my advocate about it, but for my knowledge, what is substituted notice?

Suchitra. S (Advocate) 20 November 2009

Sir, when personal service is not possiible, then a duplicate of the summons is affixed to the outer door or any visible part of the hous where the summoned person usually resides. This type of service is called substituted service which is effected when both personal and xtended services have failed.

mukesh (lawyer) 20 November 2009

sir, beside affixing the summons on the outer door you can also publish a notice on the daily news paper which has the circulation in the locality where defendant resides.