The question is devoid of facts to get a proper answer. What is gathered from the question is that a suit is filed and the defendant or his lawyer is not appearing in the court for the reason that summons could not be served upon him. Now the court has directed that summons be served through publication in the specified newspapers.
Publication meaning
What happens if a client or his lawyer doesn't appear in court but gets the court date extended repeatedly? What are the legal consequences arising out of this situation? And what is publication meaning?
Asked 10 years ago in Property Law
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
8 Answers
Yes sir..the assessment was absolutely correct. I want to know what is the worst that can happen in case of not appearing on the court date and getting the date extended? And the publication is only in local paper?
Asked 10 years ago
If a property has been mutated, does it mean the property is now owned by the person who has got it mutated? Or he is just the caretaker of the property? Can the mutation be challenged and revoked by his siblings in case of ancestral property?
Asked 10 years ago
it is known as substituted service . if court has directed service of summons through newspapers it would be proper service . if defendnant does not appear court will pass order exparte in favour of Plaintiff
if the defendant does not appear he will be proceeded exparte
mutation made can always be challenged by other legal heirs in case of ancestral property
There are rules regarding substituted service. Like the publication should be in paper which has circulation in the locality in which defendant ordinarily resides or carries on his business. An ex-parte decree can be set aside on sufficient cause for non-appearance when the suit was called for hearing.
It is natural that the the owner is in whose name title of the property exists. If mutation has been done wrongly, the same can be challenged.
Publication is ordered when in spite of sending summons in ordinary way the same could not be serve don the defendant. Thereafter, court orders publication of summons in a newspaper. If the defendant is not served even after publication then court will pass an order in favour of plaintiff.
Publication is made in a local newspaper which circulates in the locality where the defendant resides.
Mutation can always be challenged if it has wrongly been made.