Haresh jamnu (GM) 02 January 2014

Relative deiberately serving notice at the wrong address

My Father in law has bequethed his property in her name. He had mentioned his siser in law in the share certificate. After the death of my FIL who was the primary holder, he had made a will giving the property to my wife. His sister in law's husband obtained a nomination (thru thumb impression) before she too passed away. The Registrar has issued an order to the society to issue the share certificate in my wife's name. Sister in law's husband challenged the probate in HC and was defeated. he again went to city civil court and laid a claim but died during hearing. Now his legal heir (his brother's son) has filed a suit in city civil court. The point I am trying to make is each time they have filed a suit they have given the wrong address where the notice is to be served with the intent of getting a stay or any other judgement issued ex parte. I have been following the high court websites close ly to avoid this. How can this be avoided?

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 02 January 2014

Service of the summons

The rules which govern the service of summonses are to be found in the Rules of the District Court (Order 10). Basically a summons can be served on you in the following ways:

Personal delivery: by handing a copy of the summons to you or by leaving it at your last known abode or your place of work, or with your spouse, child or other relative.

Postal delivery: by ordinary or registered post to your last or most usual place of abode or to your place of business or employment.

Where service is affected by personal delivery, the summons must be served at least 7 days before the date fixed for your court case. In the case of registered post, the period is 21 days.

If a summons has not been correctly served, you are not obliged to appear in court in response to it. However, if you are present in court, there is no reason why the proceedings against you cannot proceed. In other words, any defect in the service of the summons is corrected by your appearance in court.

Haresh jamnu (GM) 03 January 2014

Thank you very much. The question that remains is If I am not obliged to appear if the summon is not properly served. Will the court part an ex parte order?