Summons have not been served upon you as you are not residing in said address .no exparte order will be passed 

summons will have to be served at your address in city where you are residing in at present 

your lawyer can appear in court on next date 

The summons from the court can very well be received by the family members.

In any event if you know the information of this summons then your advocate can appear in that case without summons and proceed further. 

You do not need to worry. Even if the summons was not delivered to you personally, the court will not pass an ex-parte order as long as your lawyer appears before the court on the scheduled date.

Your advocate is fully permitted to appear and represent you even if:

You are abroad,

The summons was not served, or

The postal article was returned unserved.

Your lawyer can simply inform the court that you are residing outside India, that summons could not be delivered because of your absence, and that he is appearing on your behalf and seeks time to file your reply. Once the lawyer appears, the court generally treats you as served and an ex-parte order will not be passed.

The postal refusal is not your fault. It is purely a procedural issue. The court may reissue summons or may record that service is complete through your advocate.

Ask your lawyer to file a vakalatnama (if not already filed), inform the court of your stay abroad, request time to file your written statement, and give your foreign address if required.

The matter will then proceed normally, and no ex-parte order will be passed as long as your lawyer appears.

Yes your lawyer can be present waiving your summons and proceed with the case

You can engage a counsel to represent on your behalf even without receiving summons.

G.Rajaganapathy

Advocate

High Court of Madras

Since you are aware of the case filed against you, it would be better that you engage ther services of an advocate, file vakalatnama and enter appearance in the case through your advocate. 

If you look for formalities of serving the summons in person to you, then the danger of setting you exparte is always possible. 

your lawyer can appear for you by filing vakalatnama and waive the service of summons on your behalf

For appearance on the  appointed day, Court will not ask proof of service on the  party. Your lawyer can appear on your behalf with signed vakalat, he can also file memo undertaking to file vakalat on next date, any of your relative can also appear for you through GPA notarized, attested by Indian Consulate or even drafted on white paper.

not IA generated answer 

Yes , your lawyer can appear 

- If the said postman returned the summon after mentioning that " person not found etc." then the Court is bound to send summon to you once again.

- Even if he mentioned therein that this person is not living in India , then as per rule you will be summon once again. 

- Further, until the summons not served upon you , then the Court may not passed Ex-parte order. 

- Since, the summon not served upon you and the said postman not delivered the said summon to your parents then the Court will not pass any order against you. 

- You can send a lawyer on your behalf just for watching the proceeding , if your lawyer appeared then it will be presumed as service. 

Yes sir, ofcourse your advocate can give a legal representation in the court on the date fixed by filing a memo of appearance on the date and mention it to the Hon'ble judge that he would file a vakalatnama on your behalf on the next date of hearing. That's it.

Summons is for informing you about your requirement to appear in the case in which you have either been made a party or a witness. And, ordinarily the Summons must be delivered and upon which you are required to appear in the Court. In your case, the postman would have made an entry that the "party was not  available in the address and hence not delivered" or some comment similar to it. Normally , the court will reissue the summon unless there have been previous occasions where it was not possible to issue the summons. Whatever decision the court takes would also be updated in the eCourt system after the next hearing. 

But, parking aside the delivery or non-delivery of summons, from your note it seems like you want the matter to be closed by appearing in the court. So you can definitely engage a local lawyer and give him a Vakalatnama (power of attorney for appearance) and ask him to appear in the next date of hearing. The court requires a hard copy of the Vakalat. That can be couriered by you, and in the meantime if the hearing comes, the lawyer can still appear and undertake to file the vakalat. The court will record it. You can send an email in this regard to the lawyer you appoint. 

Hope this clarifies. 

My best wishes to you. 

Yes, your lawyer can and should appear for you on the scheduled date to avoid an ex-parte order, even if the physical summons has not been delivered. The court's primary concern is ensuring you have been given an opportunity to be heard. Since you are tracking the case via eCourts and are aware of the hearing date, your lawyer's appearance demonstrates your intention to participate in the proceedings.

However, your lawyer must proactively address the non-service of summons at the hearing. He/she should file a Vakalatnama (power of attorney) and an Application for Leave to Appear or a simple Memo of Appearance, explicitly stating that you are residing abroad, were aware of the hearing through eCourts, and are appearing voluntarily despite the postal return. The lawyer should also inform the court about the postal refusal and request the court to either (a) deem the summons as served, or (b) direct service via email/your lawyer under Order V Rule 9 of the CPC (alternative service). It is crucial to also formally request the court to recall any adverse ex-parte order that may have been passed in the interim due to the postal return.

Immediately contact your lawyer with the case details and hearing date. Provide a scanned authorization letter to strengthen the Vakalatnama. Your lawyer's appearance is legally valid and is the correct step to protect your interests and regularize your presence before the court.

Dear Client, 

Generally, the appearance of an authorized advocate on behalf of the respondent is usually considered sufficient to prevent the court from giving an ex parte decree. Since you are tracking the case via eCourt and are aware of the hearing date, make sure that your lawyer is present to inform the court that you have notice of proceedings and you are willing to defend yourself. This will fulfill the rationale behind the summons. 

I hope this answer helps you. For any further queries, please do not hesitate to contact us. Thank you.