F L SHAIKH (JOBLESS) 14 May 2010
Rcr Case filed 1st date issued summons and returned by my in laws to postman recorded in court,
2nd date personally collected issued summons to Lucknow on my 1st date for 125 crpc case but judge was absent.
i was asked to send the summons through speed post favouring the principal judge family court lucknow but until yet no response my inlaws did not received it yet.
pls sir help me and give me appropriate advice
adv. rajeev ( rajoo ) (practicing advocate) 15 May 2010
In case of RCR you have to file an application in the court seeking permission to publish the summons in the leading news paper of the your city. You have to follow the procedure.
summons sent thru., post is not received by the court, so you have to wait for it.
N.K.Assumi (Advocate) 15 May 2010
If service by registered post is not effected followed the procedure as provided in Order 5 Rule 20 of the Civil Procedure code for advertisement in daily newspaper.
Ajay Gulati (Practicing Advocate) 15 May 2010
eading ur prob, if its a case of 125 CrPC then my friend order 5 rule 20 does not apply at all. secondly u stated that the summons were returned by ur inlaws, and if they have returned the summons and the postman has recorded "refused or refused to accept" then it will be deemed service of the summons. Otherwise now u can ask the court to give you summons for affecting the service dasti..for more details u can contact me at my mail address...ajaysmgulati@gmail.com
Ajay Gulati,
Advocate
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