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(Guest)

Question on serving summons -

hello,
i wantd to file a civil suit and found that one of the defendant had moved abroad. i only know of her last know addrss in pune.
how do i go with it for the summons . at some point , if all the notices were returned, and if we want to request for a publication, can this still be applicable.?
how to go with this . can the process of sending summon to old india address and then asking for a local publication is still applicable here even with the knowledge of person moved abroad. will court cross check ths through their notice ?

 



Learning

 2 Replies

Siddharth Srivastava (Advocate)     29 September 2017

Find out the latest address otherwise even if you get succeeded there will always be a chance to get the decree obtained by you set aside. Service on last known address is also valid and service of notice through publication is also valid but since he is out of India so there is every chance that he may get decree set aside by just producing his passport entry to show that no notice was sent or served upon him. Even on visit the process server and post office in their report may give report that he is not residing at given address and also that he has left for outside India. So act prudently.

Tushar Jha (Advisor)     30 September 2017

I agree with Adv. Siddharth Srivastava. You can serve the summons on last known address. In addition to sending the summons to the defendant via process server, you can apply to the court for copy of summons under Order V Rule 9A of the Code of Civil Procedure Code for service of summons shall be effected to or on behalf of such plaintiff by delivering or tendering to the defendant personally a copy thereof signed by the Judge or such officer of the Court as he may appoint in this behalf and sealed with the seal of the Court.

If the rules permit within your state, then summons can be served via email also.
Refer to the provision for service of summons in case the defendant resides outside India as per Order V Rule 25 of the Code of Civil Procedure.

Regards,
Tushar Jha. (Non-advocate)


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