Proof of service /report of service

911 votes

You can check it yourself from the e-court application if any process has been issued after the last date of hearing alternatively you may file an inspection of the judicial file and the ahlmad's register to ensure if the notice has been issued or not.

Advocate Puneet Srivastava LawRato

786 votes

move a short application before the Court seeking a direction to the Nazir/Process Server to place the service report on record before the next date, rather than waiting for the next hearing. The application can state that on the previous occasion notices were not traceable due to lapse on the part of the process-serving staff, and that merely fixing another date for service would cause unnecessary delay. The Court may call for the Nazir’s report and, if necessary, direct that the report be placed on file forthwith and permit the parties to inspect the same. You can also request that the next date not be wasted merely for ascertainment of service status. The fact that the report is an internal/official report does not by itself prevent the Court from directing its production or permitting inspection as appropriate.

Advocate Madhvi Chopra LawRato

540 votes

you can you can apply the inspection form in the course room exercise judicial file and in the which that file you can check the service of service of lotus Pro you can video advocate if you are engage with any other advocate so you can ask your liar

Advocate Anchal LawRato

734 votes

does not have to simply wait until the next date if the concern is that the Court staff may again report that notices were not served and the matter will be adjourned only because of staff negligence. The safer legal approach is to move a short application before the same Court before the next date, rather than making an allegation against the Ahlmad/Nazir without documentary proof. 1. First, ascertain the actual position of service advocate should immediately obtain/check: * whether process fee was filed; * date on which summons/notices were issued; * names and addresses to which they were issued; * whether the process was actually handed over to the process server; * whether there is a process/service report; * whether the notices were returned unserved; * the reason for non-service; * whether the process server made any visit to the addresses; * whether postal/courier tracking exists, if that mode was directed. The eCourts system allows the case status and history to be checked online, although the online record may not contain the complete physical process report. 2. File a short application before the next date I would suggest an application titled something like: APPLICATION SEEKING STATUS OF SERVICE OF NOTICE/SUMMONS AND DIRECTIONS FOR COMPLETION OF SERVICE BEFORE THE NEXT DATE OF HEARING

Advocate Jayatee Chatterjee LawRato

711 votes

Dear Sir/Madam, If the previous notices could not be served because of negligence on the part of the court staff, you need not necessarily wait until the next date to discover what happened. You can request your advocate to move a short application before the Court seeking that the process/service report be placed on record and that the Court direct the concerned process server/Nazir/Ahlmad to furnish the status of service before the next date. The fact that the Ahlmad says the report is confidential does not necessarily mean that you have no remedy. You can request the Court itself to verify whether notices were actually issued, when they were issued, to whom they were entrusted, the mode of service adopted and what happened to them. If the notices were returned unserved or the process was not completed, the Court can consider issuing fresh notices or adopting an appropriate alternative mode of service. Since the Court may otherwise simply grant another date for service, your advocate should specifically request that the service report be called for and placed before the Court before the next effective hearing, and that no further routine adjournment be granted merely because of an unexplained failure of the process server. You can also obtain the order sheet/case status and process-related entries available on the court record or e-court system, but the most effective course is to place a formal request before the Court rather than relying only upon an oral inquiry with the court staff.

Advocate Yuganshu Sharma LawRato