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What should be the next step if the summon returns unserved
29-Apr-2023 (In Civil Law)
Sir, In a partition suit address of one of the drfendant is not found, onece summon has been returned. What is the next step to preceed with the suit?
Send the summon again through special Messenger by deposit the cost in court . Or if the address of the said defendant is not found then pray for a news paper publication and publish the same in Daly news paper
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Adv. Durga Prasad Jena
Cuttack | 200+ Answers
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Unless fresh summons in right address of the defendant is applied in the appropriate court in a stipulated time period for necessary service, the suit will be dismissed. Hence try to ascertain the right address and where abouts of the defendant.
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Adv. Jaya Krishna Pattnaik
Chatrapur | 25+ Answers
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Adv. Ved Prakash Shaw
Bhubaneswar | 100+ Answers
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In order 9, rule 5(1), the Court will dismiss a suit if the plaintiff does not apply for a new summons after the defendant has failed to receive the summons. According to the current rule, the period for applying for a new summons is 3 months.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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