What is Court Summons and Paper Publication Order?

After filing the case in the court summons is issued by the court to inform the respondent about the case and to invite him to the court and plead. When he does not receive the summons, we invite him to appear before the court under the order of paper publication, and let will know in detail what this procedure.

What is a summons?

A person files a case through the court to get a solution to his property problem and he is called a plaintiff. The plaintiff files a property suit in court but the defendant in the suit does not know any details about the suit being filed. A summons is sent to the defendant by the court to inform the defendant about the case. In the case filed by the plaintiff against the defendant, the court gives opportunity to the defendant to present before the court to prove his case. The Court follows the procedure of summons to summon the defendant to contest the case filed against him.

How is summons served in court?

After the case is filed in the court. the plaintiff must inform the defendant about the case filed through the court. The plaintiff should file the case files together with the process and summons as filing the suit. summons should be sent to all the defendants in that case. Therefore, summons should be written to all the defendants with copy of the petition for the appearance of the defendants. After the case is filed which will be sent by registered post through the court.

What is Paper Publication?

If the summons is not received by the defendant, the court has laid down some guidelines on how to serve the summons, one of which is the practice of paper publication.

Paper Publication means When there is a situation where it is not possible to inform the defendant about the case in the court, we call the procedure of informing the defendant about the case through paper publication i.e. advertisement in the newspaper.

Does the court immediately issue a paper publication order if the defendant does not buy the summons sent by the court?

A paper publication order cannot be obtained immediately if a summons is served in a court case and it is not received by the defendant. Because it has to be seen why the summons sent by the court was not received by the defendant.

Summons sent by the court in the case are not received due to change of address of the defendant, Or wrong address, Or is he from the same house as if the defendant did not exist and did not buy, Or did he refuse to accept the summons from the same address It should be noted carefully that the defendant did not receive the court summons for the above reasons.

Defendant has changed address.

If the defendant has changed address, the judge will order that the address given in the court case be changed and the current address be added to the case.

The address of the defendant is wrong.

If the defendant’s address is written incorrectly, the summons will be sent to that address and a return will be sent to the court as a wrong address.

What happens if the defendant remains at home and does not receive a court summons?

If the defendant remains at home and refuses to collect the summons, the postman will return the summons to the court stating that the defendant has refused to collect the summons. Thus the court will take it to mean that the defendant did not deliberately receive the summons. The court will enter judgments against the defendant considering that the defendant has not received the summons because he is guilty of the crime.

If you refuse to receive summons from home.

If the defendant remains at home and refuses to receive the summons. That postman will return the summons to the court and write “refused” on it. The judge assumes that defendant has not received the summons because defendant knows the details of the case against the defendant and the judge declares the defendant as set ex parte in the case.

The above mentioned reasons are very important in which paper publication order can be obtained in court for some reasons, let’s know further.

what grounds can a paper publication order be obtained?

If the defendant has changed address or current address is unknown, a paper publication order can be obtained without having to send new summons repeatedly.

If the defendant’s address is incorrect, a paper publication order can be obtained if the defendant does not receive a summons after correcting it.

A paper publication order can be obtained if the defendant remains at home and does not cheat as if he is not present.

Defendant does not buy summons on first summons Can paper publication order be obtained?

If the defendant does not receive the summons after sending the summons in the case once through the court, the reason should be noted. If the defendant refuses to accept the summons, a default judgment will be entered against him. On the other hand, if the defendant does not receive the summons for other reasons, the judge will order to send a new summons again, thus the defendant will be given two or three chances.

If the defendant does not receive the new summons sent and the court case continues to be pending, when the plaintiff files a petition for paper publication, the judge receiving the petition will order the paper publication and thus a summons will be sent to the defendant’s local newspaper informing about the case.

If the court rejects the cases and does not proceed with those cases and submits his side documents and files his affidavit and presents his arguments in the court, the judgment will be passed against him in the court.

But a paper publication order cannot be obtained immediately after sending the summons once.If more than three times the summons does not go to the defendant, a paper publication order can be obtained. There are lengthy procedures to follow to obtain a paper publication order from the court.

Under which law can a paper application order be obtained in court?

If the case is filed through the court and the defendant has been sent several summons to inform him of the details of the case, in case he does not receive it, the court can obtain this paper publication order.

The procedure for this is defined in Order 5 Rules 20 of the Indian Code of Civil Procedure it called this as substituted service.