Legal Provisions of Section 62 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Summons How Served:
ADVERTISEMENTS:
The section spells out the manner of service of summons. Summons should be served personally, by a police officer or an officer of the Court who should be able to report to the court as to the manner how the summons obtain the acknowledgment of the service which is a cogent evidence of the fact that the summons have actually been served. Substituted service should not be resorted to unless personal service is not practicable.
Where a person to whom summons is required to be served resides or is employed abroad, the Court may send the summons to the concerned Embassy for the purpose of its service to the person named therein.
Summons on witnesses may also be served by post.
The High Court of Andhra Pradesh set aside an ex parte order of maintenance on the ground that the procedure of service of summons as contemplated by Section 62 of the Code had not been correctly followed to ensure appearance of the parties before the Court.
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