Legal Question in Civil Rights Law in India

Execution Petition
3. We got an ex-parte decree in lower court and on that basis moved execution petition in the concerned court.
Request before Hon�ble court for the hand delivery of summons and reached to the address, but defendant no.1 refused to receive summons because her husband�s name was wrongly mentioned and her son who is defendant no.2 is out of India. Name which is mentioned in the execution petition is same as per ex-parte decree.
a. Please suggest how can we proceed now?
b. Is it possible to make application before court to correct the defendant no-1 name in execution petition?
c. Can we proceed by way of affixing a copy of the summons on the conspicuous part of the defendant no.2?
Kindly suggest.

Asked on 6/14/09, 11:53 pm

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Execution Petition

You may file an application for correction;

The process server of the Court may be persuaded to effect service by affixing copy of the summons out side the house of the concerned person.

You may also file an application for "substituted service" by way of publication and/or 'munadi' (announcement) by 'beat of drum'.

Answered on 6/15/09, 12:01 am

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