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Ramesh Bolla (Private)     08 July 2012

Serving notices on respondent

Hi,

 

could you please clarify as to how many times the court of law issues notices to the respondents prior to giving an expate. Also how many times notices are served before going in for a news paper advert as a notice.

 

Regards,



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     08 July 2012

There are no fixed attempts laid down. But normally a court proceeds in the following sequence :

i) Direct Service;

ii) Extended Service - to an adult member of the family;

iii)  Substituted Service - affixing a copy at place where R is last known to reside, at a conspicous place, the courthouse and in a locally read newspaper.

 

Normally Courts insist on the above, before proceeding ex parte

1 Like

Dr J C Vashista (Advocate)     08 July 2012

It will suffice to serve notice on respondent or his/her family ONCE, thereafter not required/desirable/permissible under the provisions of Order V CPC.

Affixation or newspaper publication is substitute mode of service (o V R 20 CPC), when the process is received as UNSERVED by either mode of service.


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