What happens if summon is delivered in wrong address

726 votes

The court will look at the service report, if it is written on the report that the person is not residing on the address, etc then court will issue another summon on your correct address. If your correct address is not available then it can issue directions for publication of the summon in local newspapers. Normally court issues summons, then if the person after receiving it deliberately does not appear on the fixed date, then court may issue bailable or non bailable warrants. Police have to comply with the directives of the court as such it is their duty to serve the summon to the correct person.

Advocate Suyash Gupta LawRato

880 votes

Hi, when court issued summons on a wrong address as per your query and you wasn't receive. Then court will send you the same thrice a time and still a person failed to receive due to wrong address then court will ask the person who filed a case against you to serve personally and again when he failed to do so then court may issue a bailable warrant against you and after that he may issue a non bailable arrest warrant and direct the police concerned to arrest you and make your presence on the date fixed next for hearing the case and asked you explanation regarding your non appearance in the court inspite of several summons..

Advocate Abhishek Srivastava LawRato

684 votes

The purpose, sir, to issue a warrants or summons is to secure the presence of the accused in court as to enable the court to proceed with the trial of the case and a person knowingly, that he is the accused of the case, is absconding, generally but not always summons are issued and even the summons were served on him positively, does not appear before the court, warrants bailable or otherwise may be issued to secure his presence. Practically, if the address of the accused is wrong, summons are difficult to be served on him and if the court is satisfied that the accused is not a absconder or is not concealing him, again summons be issued. For more detail please refer the ratio of the judgments of the cases- Raghuvans Deewanchand Bhaseen and Inder Mohan Goswami.

Advocate Piyush Shrivastava LawRato

422 votes

If a court summons or other court papers are delivered to the wrong address, it can have legal implications and potentially affect the legal proceedings. Here's what generally happens in such situations:

1. Delay in Legal Proceedings: The first consequence of delivering court papers to the wrong address is typically a delay in the legal proceedings. The intended recipient may not be aware of the legal action against them, leading to postponements and rescheduling of court dates.
2. Failure to Respond: If the recipient of the summons or court papers is not aware of the legal action due to the wrong address, they may fail to respond within the required timeframe. This can result in adverse judgments being made against them in their absence.
3. Need for Legal Correction: To rectify the situation, the party initiating the legal action or their legal representative may need to take corrective measures. This can include reissuing the summons or court papers with the correct address and ensuring proper service to the intended recipient.
4. Address Verification: Courts often require that the party initiating the legal action provide accurate and up-to-date address information. If it is discovered that an incorrect address was provided knowingly or negligently, it could lead to legal consequences for the party responsible for the error.
5. Legal Advice: In cases where court papers are delivered to the wrong address, it is advisable for both parties involved to seek legal advice. The party initiating the action may need to ensure proper service, while the party receiving the papers in error should consult with an attorney to understand their rights and obligations.

Advocate Chikirsha Mohanty LawRato