Legal notice sent by father was not received by my brother


My father send a lawyer notice to my brother due to his un availability he didn't received notice. But now he got a notice from court. We refused the notice and didn't received and sent back. What should we do? Shall we be cam or should go to court. Please advice sir/ madam

Answers (3)


218 votes

Hi
In general, if a notice is refused , postal authorities will return the summons to the court with an entry that the notice has been refused.
The other side may either
a) Pay the fee and ask the court to issue notice to your brother through the court clerk in person or
b) Issue notice through paper publication with permission of court.
The courts upon convinced that your brother is avoiding issue of summons will decide ex-parte against your brother.
So it is better to take the notice and attend court proceedings.
By avoiding to receive the summons, you can delay the proceedings for about 5 months, but thereafter the court is at liberty to pass ex-parte orders in case your brother does not appear.


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105 votes

Dear Sir,
you should receive the notice from court, because already legal process commenced against your brother, hence your brother should go to court and enquiry the date of adjournment and he should attend court along with Advocate, otherwise court will take decision against your brother

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287 votes

Hello Sir,

You said that you had not received the notice and you had not received the summons sent by the Court. Then the Court feels that it is a deemed service of notice and the court will pass orders according to the merits of the case or else pass exparte orders against you. Hence, it is better to go to the Court and follow up the case.

Regards

Geeta T.,
LLB, CS
Advocate

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