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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?
Answers (4)

Answer #1
575 votes
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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Answer #2
710 votes
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.

Answer #3
997 votes
News paper publication circulated in the area of defendant..
Answer #4
497 votes
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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