What happens if defendant have not appeared despite court order


Dear Sir I have a Title Suit Case in which we are the plaintiff. There are two defendents and both have not appeared in the case in spite of repeated notice. They have not even hired a lawyer. The court has ordered for notice in newspaper. Both defendants are in different states from the state of the court. Please let me know the standard process. Note:-This case was in a court of different district but was returned to us due to lack of jurisdiction. In that jurisdiction both the defendants had appeared.

Answers (3)


268 votes

Dear Client,
In the present situation, you have file the case in a proper jurisdiction. So far as non appearce of the defendant is concerned, you do the next process, if after paper publication the defendants don't turn up, you can pray for ex-party hearing.


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201 votes

Publication of notice in newspaper, as per court's order, is called substituted service. After publication of notice in two newspapers where the defendants are residing, the process of service will be completed. After this if the defendants do not appear, either personally or through advocate, the court will proceed as per the plaintiffs case and will decide the matter ex parte

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The problem contains two parts,
Firstly, about the standard process: in this case finally publication in local newspaper is required,it should be published in the local newspaper where the defendant resides ,
Even if the defendant had earlier been appeared in that case of improper jurisdiction, he must be properly noticed through proper procedure is if the case initially commenced....

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