Section 8
Issuance Of Summons For Filling Of Note Of Defense
(1) No later than fifteen days from the date of registration of a petition in the tribunal, the tribunal has to issue
summons, also accompanied by ♣ one copy each of the petition , in the name of the concerned defendant in the format as referred to in Schedule-2.
(2) The summons issued pursuant to Sub-rule (1) has to be served by delivering it to the defendant or any member of his/her own family, and if the defendant or any member of his/her own family is not found or his/her house or
dwelling is not traced in so delivering the Summons, the summons has to be posted in the public place where the house or dwelling is located, in presence of any member of the concerned village development committee or municipality or of any two local persons, and after the summons has been so posted, it shall be deemed to have been duly served notwithstanding anything contained in the prevailing law.
Provided that, in cases where the defendant or his/her house or dwelling has not been traced because of the fact that the bank or financial institution has indicated a wrong address or the tribunal has mentioned a wrong address, the
summons shall not be deemed to have been duly served despite that it has been so posted.
(3) An employee who goes to serve the summons referred to in Sun- rule (2) has to complete the service of summons generally no later than two days except the time required for journey.
(4) Notwithstanding anything contained in Sub-rules (1) and (2), in issuing the summons to be served on a decedent who is a firm, company or body for submitting a note of defense, if the summons sent by a registered post to the
registered office of such a firm, company or body or sent through telefax, email or other electronic communication means of such office, such summons shall be deemed to have been duly served.
(5) Notwithstanding anything contained in these Rules, while issuing a summon, a report that the summon could not be served a notice on the summon issued in the name of the concerned firm, company or body may be broadcast or
published in the radio, television or any newspaper of nation level. In cases where the summons is so broadcast or published it shall be deemed to have been duly served on such a defendant in accordance with these Rules.
summons, also accompanied by ♣ one copy each of the petition , in the name of the concerned defendant in the format as referred to in Schedule-2.
(2) The summons issued pursuant to Sub-rule (1) has to be served by delivering it to the defendant or any member of his/her own family, and if the defendant or any member of his/her own family is not found or his/her house or
dwelling is not traced in so delivering the Summons, the summons has to be posted in the public place where the house or dwelling is located, in presence of any member of the concerned village development committee or municipality or of any two local persons, and after the summons has been so posted, it shall be deemed to have been duly served notwithstanding anything contained in the prevailing law.
Provided that, in cases where the defendant or his/her house or dwelling has not been traced because of the fact that the bank or financial institution has indicated a wrong address or the tribunal has mentioned a wrong address, the
summons shall not be deemed to have been duly served despite that it has been so posted.
(3) An employee who goes to serve the summons referred to in Sun- rule (2) has to complete the service of summons generally no later than two days except the time required for journey.
(4) Notwithstanding anything contained in Sub-rules (1) and (2), in issuing the summons to be served on a decedent who is a firm, company or body for submitting a note of defense, if the summons sent by a registered post to the
registered office of such a firm, company or body or sent through telefax, email or other electronic communication means of such office, such summons shall be deemed to have been duly served.
(5) Notwithstanding anything contained in these Rules, while issuing a summon, a report that the summon could not be served a notice on the summon issued in the name of the concerned firm, company or body may be broadcast or
published in the radio, television or any newspaper of nation level. In cases where the summons is so broadcast or published it shall be deemed to have been duly served on such a defendant in accordance with these Rules.