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    Refusal of Summons

    Uploaded by

    Harsh Dixit
    The document discusses rules and cases related to service of summons through electronic means like email and WhatsApp. It states that the Supreme Court and Delhi High Court have permitted service of summons via email. In one case, the Delhi High Court allowed service of summons via WhatsApp texts and email. The document also outlines rules for refusal of summons, objections to service, and service of summons in special cases such as when the defendant resides outside the court's jurisdiction or in another state/country.

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    Refusal of Summons

    Uploaded by

    Harsh Dixit
    31 views2 pages
    The document discusses rules and cases related to service of summons through electronic means like email and WhatsApp. It states that the Supreme Court and Delhi High Court have permitted service of summons via email. In one case, the Delhi High Court allowed service of summons via WhatsApp texts and email. The document also outlines rules for refusal of summons, objections to service, and service of summons in special cases such as when the defendant resides outside the court's jurisdiction or in another state/country.

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    Telegram

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    The document discusses rules and cases related to service of summons through electronic means like email and WhatsApp. It states that the Supreme Court and Delhi High Court have permitted service of summons via email. In one case, the Delhi High Court allowed service of summons via WhatsApp texts and email. The document also outlines rules for refusal of summons, objections to service, and service of summons in special cases such as when the defendant resides outside the court's jurisdiction or in another state/country.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    31 views2 pages

    Refusal of Summons

    Uploaded by

    Harsh Dixit
    The document discusses rules and cases related to service of summons through electronic means like email and WhatsApp. It states that the Supreme Court and Delhi High Court have permitted service of summons via email. In one case, the Delhi High Court allowed service of summons via WhatsApp texts and email. The document also outlines rules for refusal of summons, objections to service, and service of summons in special cases such as when the defendant resides outside the court's jurisdiction or in another state/country.

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    © All Rights Reserved
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    Telegram, Slack etc., became easy task to all age groups.

    The concept of E-courts has been


    praying vital role in judiciary and is making efforts for computerization of all courts in India.
    Now, the Hon’ble Supreme Court expanded the scope of electronic media in judiciary. But,
    information technology and notices is not being properly used by all the courts in service of
    summons because the court system does not have the facility to effect the service through
    electronic mode. Provisions under Part X of the Code of Civil Procedure, 1908 (5 of 1908) and
    Order V, Rule 9 of the Code of Civil Procedure, 1908 enables the High Court to make rule and
    regulations in this regard. The Delhi High Court has also made rules regarding the service of
    legal notices through email by the virtue of above legal provisions and other provisions which
    enables it in this regard.

    Summons/Notices through E-mail:- The Hon’ble Supreme Court of India, in Central


    Electricity Regulatory Commission Vs. National Hydroelectric Power Corporation
    Ltd1permitted the service of Notice by email along with the ordinary mode of serving notice. In
    Ksl and Industries Ltd., Vs Mannalal Khandelwal 2 and the State of Maharashtra, (Criminal
    Writ Petition No. 1228 of 2004), The Hon’ble Mumbai High Court held that to avoid the delay in
    legal proceedings because of unserved summons must be interrupted by using all the practical
    methods and services including emails. Summons through e-mail is permitted in In Indian Bank
    Association & Ors vs Union Of India & Anr3.

    Summons though Whatsapp:- In Tata Sons Limited & Ors vs John Does, 4His Lordship Justice
    Rajiv Sahai Endlaw of the Hon’ble Delhi High Court permitted the right to serve summons to the
    defendant via Whatsapp texts as well as by emails to a defendant.

    Refusal of summons

    1
    (2010) 10 SCC 280]
    2
    (2009) scc 340
    3
    (2014) 5 SCC 590
    4
    CS(COMM) 1601/2016
    Where the defendant refuses to accept summons, he is deemed to have been served. Similarly,
    where an acknowledgement or receipt purported to have been signed by the defendant( or his
    agent) is received by the court that the defendant (or his agent) has refused to take the delivery of
    summons, the court will proceed treating the defendant as served.5

    Objection as to service of summons

    An objection as to service of summons should be raised at the earliest possible opportunity. If it


    is not taken at that stage, it is deemed to have been waived.

    It has been held that there is distinction between non-service of notice and procedural irregularity
    in service of notice. In the case of former category of cases, all consequential actions would be
    rendered bad in law whereas in the case of latter category of cases, consequential actions would
    be sustained unless he is able to show substantial prejudice due to procedural lapse in making
    service to him. It depends upon the facts of each case whether procedural lapse complained of
    has caused prejudice to the applicant.6

    SERVICE OF SUMMONS IN SPECIAL CASES: RULE 21-30


    1) Where the defendant resides within the jurisdiction of another court or in another state,
    the summons may be sent to the courts where he resides, such courts will serve summons
    on the defendant.
    2) Service of foreign summons may be effected by sending them to the courts in the
    territories in which the provisions of this code apply and served as if they were
    summonses issued by such courts.
    3) Where the summons is to be served within the presidency towns of Bombay, Madras,
    Calcutta, it may be sent to the court of small causes within whose jurisdiction it is to be
    served.

    Where the defendant resides out of India and has no authorized agent in India to accept service,
    the summons sh

    5
    Puwada venkateswar v. chidamana venkata, 1976 scc 409
    6
    Prabin ram phukan v. state of assam 2015 scc 605

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