Define Summons. What orders can be given by the court in respect of service of summons where the summons cannot be served in an ordinary way?

CS Professional · Drafting, Pleadings and Appearances · PYQS · December 2023
Define Summons. What orders can be given by the court in respect of service of summons where the summons cannot be served in an ordinary way?

Answer & Explanation:

Answer 3A(iii) Summons is an instrument used by the court to commence a civil action or proceedings and is a means to acquire jurisdiction over party. It is a process directed to a proper officer requiring him to notify the person named, that an action has been commenced against him, in the court from where process is issued and that he is required to appear, on a day named and answer the claim in such action. Order which can be given by court where summon cannot be served in an ordinary way Where the court is satisfied that there is reason to believe that the Defendant is keeping out of the way for purpose of avoiding service or that for any others reason the summons cannot be served in ordinary way the court shall order summons to be served by affixing copy thereof in conspicuous part of the house. To expedite service of summons one more provision is relating to substituted service under which the court orders service by an advertisement in a newspaper, the newspaper shall be a daily newspaper circulating in the locality in which the Defendant last resided or carried on business or personally worked for gain.

Topics: Civil Procedure

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