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jayaveladvocate (Lawyer)     28 August 2009

WITNESS APPEARANCE - COERCIVE POWERS IN CIVIL TRIAL

SIR, one of the attesting witenss refuses to appear before the civil court to prove his attestation, the summons are served on him and retuned as refused. The civil court issued warrant for his apprehension. The detainess is leaving in different district. The Court processors`s Chief refuses to accpet the court fees for the arrest of the witness. In another case Tamil Nadu Bhoodan Board officials having received the court notice do turn up to prove the allotment of their lands. Further in few cases particularly in Chennai City Court there is no return of Service of process, can any one help me out



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 1 Replies

Adv. Deepak (Advocate)     28 August 2009

Resp. Adv. Jayavel, I would suggest to make an application to the court which issued the order of arrest, requsting the court to kindly accept the court fees for arrest of witness.  If there is no return of service of summons, you may apply for service of summons by registered post AD.  In another case also, you may apply for issue of notice why NBW should not be issued against them. ddkharpudikar@indiatimes.com

 


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