APCRPCO Section 82 : Notice where summons is affixed to outer door

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 business premises. A notice is also affixed, informing her that she can apply for a copy of the summons from the court officer.

Outcome: Priya must apply for the copy within fourteen days. Failure to do so could result in the summons being returned to the issuing court, potentially leading to a judgment in her absence.

Conclusion: This provision ensures Priya is aware of the legal action despite her absence, allowing her to respond appropriately and avoid adverse legal outcomes.

Example 3: Summons for a Tenant

Introduction: Anil, a tenant in a rented apartment in Visakhapatnam, is involved in a legal dispute. The court issues a summons, but Anil is not present when the process server arrives.

Application: In line with Section 82, the process server affixes the summons to the outer door of Anil's apartment. A notice is also attached, informing Anil of his right to apply for a copy of the summons.

Outcome: Anil has fourteen days to apply for the copy. If he fails to do so, the summons will be returned to the court, which may proceed with the case in his absence.

Conclusion: This provision ensures that Anil is notified of the legal proceedings, allowing him to take necessary actions to protect his interests.

Example 4: Special Circumstances for a Nomadic Individual

Introduction: Kavita, who leads a nomadic lifestyle, is involved in a legal case. The court issues a summons, but she does not have a fixed residence.

Application: In such special circumstances, the process server may face challenges in affixing the summons to a specific location. The court may need to consider alternative methods of service, such as publication in a local newspaper.

Outcome: If Kavita is not properly notified, it could lead to procedural challenges and potential appeals based on improper service.

Conclusion: The provision highlights the importance of adapting service methods to ensure individuals like Kavita receive proper legal notice, maintaining fairness in legal proceedings.