What is substituted service of summons?

What is substituted service of summons?

Under Order 5, Rule 20(1), substituted service can be ordered only where the court is satisfied that the defendant is keeping out of the way, or that for any other reason the summons cannot be served in the ordinary way.

How many types of summons services are there?

(1) The court shall issue summons and deliver the same to the plaintiff or his agent, for service, and direct the summons to be served by registered post, acknowledgment, due or by speed post or by such courier service as may be approved by the High Court or by fax message or by Electronic Mail Service by such other …

What happens if summons is not served?

If the defendant has not been served by your court date, the judge will continue your case for to give more time for service to be tried again. You will need to complete an “alias summons” to serve the defendant. The judge must approve the special process server before they try to serve the defendant.

What are modes of service of summons?

Rule 10: Mode of Service: Service of the summons shall be made by delivering or tendering a copy thereof signed by the judge or such officer as he appoints in this behalf, and sealed with the seal of the court.

How many times can a summons be issued?

Only one summon issued is enough to issue bailable warrant of the accused in cheque bounce case , subject to the condition that the summon should b delivered to the accused and it’s report is in file before the date of hearing .

What is the process of issuing summons?

Once a Summon is signed by the Presiding Officer/Judge and seal of the Court is affixed, the Summon is then given to a Police Officer to serve the same on the person summoned to the Court, ideally the summon should be served personally on the person who is summoned by tendering the duplicate copy of the summon.

What are the different types of summons?

Types Of Summons: What Are The Different Types of Summons

  • Court summons.
  • Civil summons.
  • Administrative summons.
  • Criminal summons. Citation summons. Notice to appear. Traffic summons.
  • Summons and complaint.
  • Jury summons.

Can summons be served by WhatsApp?

The Supreme Court in July last year had agreed in principle that serving notices and summons on persons through instant messaging services such as WhatsApp and Telegram, in addition to emails, would be legally valid.

Can you have a court date without being served?

If you have not been properly served, and you don’t show up, the court has no personal jurisdiction over you, and can’t enter a judgment against you. The case can be continued to another court date, and the other side can try again to serve you.

What are the fundamental rules of pleading?

Four fundamental rules of pleading are; (1) Pleadings should state facts and not law; (2) The facts stated in pleadings should be material facts; (3) Pleadings should not state the evidence; and (4) The facts in pleadings should be stated in a concise form.

What is the object of service of summons?

The purpose of issuing summons to witnesses is to avoid any delay that may be caused due to the absence of the witness who may claim ignorance about the case. The most essential object for introducing summons or for having the concept of summons is to allow speedy disposal of cases.

What happens if you don’t appear in court for a summons in India?

Under no circumstance the person should avoid appearing before the Court, in the event if the person summoned fails to appear before the Court, the Court may hold the person in contempt and/or issue Warrant against such person.

When does substituted service of Summons become available?

For substituted service of summons to be available, there must be several attempts by the sheriff to personally serve the summons within a reasonable period [of one month] which eventually resulted in failure to prove impossibility of prompt service. “Several attempts” means at least three (3) tries, preferably on at least two different dates.

Can a person be served with a summons?

Rule 12 requires that service of summons should be made in person or through authorised agent, however if the defendant cannot be found and also has no authorised agent then service of summons on an adult male member of defendant’s family would be considered as good service (rule 15). Person served to sign acknowledgement:

What is the procedure for the issuance of summons?

As per Section 61 of the Code of Criminal Procedure (‘Cr. P. C.’) every summon that may be issued by the Court shall be in writing along with a duplicate copy bearing the signature of the Presiding Officer/Judge of the Court or any such officer that may be authorized by the Court and shall bear the seal of the Court.

Can a plaintiff effect service of summons on a defendant?

(1) The court may, in addition to the service of summons under rule 9, on the application of the plaintiff for the issue of a summons for the appearance of the defendant permit such plaintiff to effect service of such summons on such defendant and shall, in such a case, deliver the summons to such plaintiff for service.