APCRPCO Section 82 : Notice where summons is affixed to outer door
Act
Summary
Section 82 of the Andhra Pradesh Civil Rules Of Practice and Circular Orders, 1990, outlines the procedure when a summons is affixed to the outer door of a house. It mandates that the serving officer must attach a notice informing the defendant of their right to apply for a copy of the summons. If the summons originates from another court and the defendant does not apply within fourteen days, it will be returned to the issuing court.
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Explanation using Example
Example 1: Service of Summons in a Residential Area
Introduction: Ramesh, a resident of Hyderabad, is involved in a civil dispute. The court issues a summons for him to appear, but he is not at home when the process server visits.
Application: According to Section 82 of The Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, if Ramesh is not available, the process server can affix the summons to the outer door of his house. Along with the summons, a notice must be affixed informing Ramesh that he can apply to the court officer for a copy of the summons.
Outcome: If Ramesh does not apply for the copy within fourteen days, the summons will be returned to the court that issued it. This could lead to a default judgment against him if he fails to appear.
Conclusion: Compliance with this provision ensures that Ramesh is properly informed of the legal proceedings, even in his absence, and prevents potential legal consequences such as a default judgment.
Example 2: Summons Affixed for a Business Owner
Introduction: Priya owns a small business in Vijayawada. She is sued by a supplier, and the court sends a summons to her business address. However, Priya is out of town for a business trip.
Application: As per Section 82, the process server affixes the summons to the outer door of Priya's busines...
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