Where the persons summoned cannot be found, the
summons may be served by leaving one of the duplicates for
the person with some adult male member of the family residing with
him, and the person with whom the summon is left, shall sign a receipt
on the back of the duplicate.
A servant is not a member of the family.
SUMMONS MAY BE SERVED BY POST TO A WITNESS
A court issuing summons to a witness may simultaneously
direct a copy of the summons to be served by registered post addressed
to the witness. When an acknowledgment purporting to be signed by
the witness or an endorsement is made by the postal employee that
the witness refused to take delivery of the summons has been received,
the Court issuing the summons may declare that the summons has been
duly served.
In case the service of summons is evaded the court
may issue bailable or non-bailable warrants.
PROCLAMATION FOR PERSON ABSCONDING
If any court has reason to believe that any person
against whom a warrant has been issued has absconded or is concealing
himself so that such warrant cannot be executed, such court may
publish a written proclamation requiring him to appear at a specified
place and time within 30 days of publishing such proclamation.
The proclamation shall be published as follows:-
-
It shall be publicly read in some conspicuous
place of the town or village in which such person ordinarily
resides;
-
It shall be affixed in some conspicuous part
of the house or homestead in which such person ordinarily resides
or to some conspicuous place of such town or village;
-
A copy thereof shall be affixed to some conspicuous
part of the court house;
-
The court may also, if it thinks fit, direct
a copy of the proclamation to be published in a daily newspaper
circulating in the place in which person resides.
ATTACHMENT OF PROPERTYOF PERSON ABSCONDING
The Court issuing a proclamation may, at any time
after the issue of the proclamation, order the attachment of any
property, movable or immovable or both, belonging to the proclaimed
person:
Provided where at the time of issue of the proclamation
the Court is satisfied that the person in relation to whom the proclamation
is to be issued –
-
is about to dispose of the whole or any part
of his property, or
-
is about to remove the whole or any part
of his property from the local jurisdiction of the Court,
it may order the attachment simultaneously with
the issue of the proclamation.
YOUR DUTIES
-
To accept the summons and sign the duplicate
if required.
-
To treat the officer serving the summon with
respect.
-
To appear on the date mentioned in the summons
or engage a lawyer to appear on your behalf.
