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Procedure in case Chaspa Notice is received by the respondent


21-Sep-2023 (In Civil Law)
I am not a resident Indian, but they have pasted a chaspa notice at the residence where my mother lives in India. The notice was addressed to me, stating that the petitioner/plaintiff has filed a petition under Order 22 Rule 4(1) read with Section 151 of the CPC against me as one of the legal heirs and legal representatives of the deceased defendant, who inherited the properties of the deceased. The case is posted on 3/10/17. I visit India once in two years, and my mother is not literate. What should I do? Is there any possibility to dismiss the case since my father is deceased?
Answers (4)

Answer #1
293 votes

a "chaspa notice"is essentially an affixed notice.

  • Purpose: It's used when the recipient cannot be personally served (e.g., avoiding summons, address unknown, or not present at home).

  • Method: The notice is physically pasted at a prominent spot on the person's house, office, or property somewhere it's likely to be seen.

  • Legal recognition: Courts accept this as valid service if it's done according to prescribed procedures (usually with witnesses or a process server's report).

  • Common uses: Summons, eviction notices, recovery notices, or other court-related communications.

Think of it as the legal equivalent of saying, "We tried to tell you nicely, but now we're taping it to your door so you can't say you didn't know."

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Answer #2
567 votes
Hello, sir. In this case, first, we need to check the chaspa meaning in law and analyze the case status in detail. After understanding the full facts of the case, we can proceed accordingly. You can contest the case even without your personal appearance until the trial begins.
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Answer #3
553 votes
Your question is not clear.However the Order 22 Rule 4 (1) deals with procedure in case of death of one of several defendants or of sole defendant .And section 151 of C.P.C deals with Saving of inherent powers of court .So what case has been filed against you is not clear from your side .
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Answer #4
677 votes
As per your statement, the case is filed against you because you are a legal heir of the deceased defendant in a pending suit. The party filing the case wants to implead you as a respondent. Please verify whether any suit is pending against you or your father in the concerned court. Since a chaspa notice has been issued, it indicates that the court has taken steps to serve you with legal notice.

To proceed, you can file a Vakalatnama and contest the case without needing to appear in person initially. However, you may have to visit the court to sign the Vakalatnama. If you need further assistance, please consult a lawyer.
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