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Proper certification, detailed efforts, affidavits, witnesses’ endorsements, and compliance with procedural rules are essential for a process server report to be accepted as valid evidence of service ["Nikhil Kr. Chatterjee VS Samir Kr. Chatterjee - Calcutta"] ["Santanu Das And S/o- Late Dhiraj Das VS Kalpana Hazarika, W/o Late Prabhat Hazarika - Gauhati"].
Analysis and Conclusion:
References:- ["Nikhil Kr. Chatterjee VS Samir Kr. Chatterjee - Calcutta"]- ["Santanu Das And S/o- Late Dhiraj Das VS Kalpana Hazarika, W/o Late Prabhat Hazarika - Gauhati"]- ["Apex Marketing VS P. A. Times Industries - Himachal Pradesh"]- ["V. R. Pattabiraman VS R. Prabhu - Madras"]- ["FERNANDO v. FERNANDO et al."]- ["Bhajan Singh VS Shri Ganesh Building Material Store, Khairthal Mandi - Rajasthan"]- ["JHUMPA PANIGRAHI VS TANU GOUDA - Orissa"]- ["Manoj Kumar @ Manoj vs The State of Bihar - Patna"]- ["DAYANANDAN vs PRAKASAN - Kerala"]- ["DAYANANDAN vs PRAKASAN - Kerala"]- ["DAYANANDAN vs PRAKASAN - Kerala"]- ["SABIRAN NESSA BIBI vs THE UNION OF INDIA AND 5 ORS - Gauhati"]- ["Major Singh VS Prem Kumar Rattan - Punjab and Haryana"]- ["DAYANANDAN vs PRAKASAN - Kerala"]- ["SULEKHA VS BHUPENDRA SINGH NARUKA - Rajasthan"]- ["DAYANANDAN vs PRAKASAN - Kerala"]
Disclaimer: This article provides general information based on judicial precedents and is not a substitute for professional legal advice. Consult a qualified lawyer for your specific case.
In legal proceedings, proper service of summons is the cornerstone of due process. But what happens when you need to verify if service was executed correctly? A common query arises: Certified copy of process server report. This document, prepared by the process server under Order 5 of the Code of Civil Procedure, 1908 (CPC), details attempts at service—whether personal, by refusal, affixation, or substituted service. It's often endorsed on the summons reverse and critical for challenging ex-parte decrees if defective. RAJESH KOCHHAR VS BABA RAM - 1992 0 Supreme(HP) 113Ram Kishan Adopted Son Kirodi (S/o Kiranta) vs Ram Dai W/o Ram Singh (Died) - 2025 0 Supreme(Raj) 1912
Certified copies of these reports are public documents, available upon application to ensure transparency. Courts emphasize prompt issuance to uphold fair trial rights. Downtown Temptations Private Limited VS State of West Bengal - 2023 0 Supreme(Cal) 917State of Assam VS Moslem Mondal - 2013 0 Supreme(Gau) 6 This guide outlines the procedure, drawing from precedents, and integrates insights from related cases on service validity.
Under Order 5 Rules 17, 18, and 19 CPC, the process server must return summons with a report detailing service efforts, including witness signatures for refusal or affixation. Without independent witness verification, service may be invalid, leading to ex-parte proceedings being set aside. Ram Kishan Adopted Son Kirodi (S/o Kiranta) vs Ram Dai W/o Ram Singh (Died) - 2025 0 Supreme(Raj) 1912Shakuntala Singh VS Basant Kumar Thakur - 2002 0 Supreme(MP) 1061
For instance, in one case, the process server reported service positively, stating: Learned counsel submits that upon the process fee being filed by the report dated 13.08.2022, the process server has submitted his report. Manju Malik VS Rohini Heights Residence Welfare Association - 2023 Supreme(Del) 650 Courts scrutinize these reports closely, as seen in challenges to trial court orders insisting on fresh service despite valid process server evidence. The ratio decidendi stresses considering the process server's report in the right perspective. Manju Malik VS Rohini Heights Residence Welfare Association - 2023 Supreme(Del) 650
Courts often require the process server's affidavit for judicial examination. Non-compliance justifies setting aside decrees. Shakuntala Singh VS Basant Kumar Thakur - 2002 0 Supreme(MP) 1061 In another precedent, the process server was directed to report via affidavit under Section 371, emphasizing: The process server should report back to his Court by way of an affidavit... whether the summons was served personally on the defendant or not. 2. Gopalan Kamalanathan vs Lanka Orix Leasing Company Plc. 100/1 - 2024 Supreme(SRI)(SC) 12824
These reports qualify as public records, obligating courts to supply certified copies promptly. Delays violate natural justice. State of Assam VS Moslem Mondal - 2013 0 Supreme(Gau) 6 In execution petitions, courts have mandated certified copies of notices with process server reports, as in: EXHIBIT P7 TRUE PHOTO COPY OF THE COURT CERTIFIED COPY OF THE NOTICE RETURNED AFTER SERVICE... WITH REPORT OF THE PROCESS SERVER. DAYANANDAN vs PRAKASAN - 2020 Supreme(Online)(KER) 20515
The process is straightforward, filed in the court where the summons issued. Aligns with general rules for judicial records:
Identify Court and Record Details: Note suit/reference number, summons date, and process server info from orders. Reports are typically on summons reverse, e.g., dated 11th December 1989. RAJESH KOCHHAR VS BABA RAM - 1992 0 Supreme(HP) 113
File Written Application:
Specify: suit details, document (e.g., certified copy of summons dated date with process server report on reverse), urgency, purpose (e.g., challenge service defects). Ram Kishan Adopted Son Kirodi (S/o Kiranta) vs Ram Dai W/o Ram Singh (Died) - 2025 0 Supreme(Raj) 1912
Comply with Formalities:
For urgency, mark and pay extra; courts direct issuance within timelines. Downtown Temptations Private Limited VS State of West Bengal - 2023 0 Supreme(Cal) 917
Court Processing:
Mandatory in tribunals for service verification. State of Assam VS Moslem Mondal - 2013 0 Supreme(Gau) 6
Timeline and Remedies:
| Step | Key Requirement | Supporting Reference ||------|-----------------|----------------------|| Application | Suit details, description | RAJESH KOCHHAR VS BABA RAM - 1992 0 Supreme(HP) 113 || Fees | Payment, verification | Downtown Temptations Private Limited VS State of West Bengal - 2023 0 Supreme(Cal) 917 || Issuance | Prompt copy | State of Assam VS Moslem Mondal - 2013 0 Supreme(Gau) 6 || Use | Challenge defects | Ram Kishan Adopted Son Kirodi (S/o Kiranta) vs Ram Dai W/o Ram Singh (Died) - 2025 0 Supreme(Raj) 1912Shakuntala Singh VS Basant Kumar Thakur - 2002 0 Supreme(MP) 1061 |
For affixation/refusal, reports need witness details/thumb impressions. Certified copies help challenge unverified service. Ram Kishan Adopted Son Kirodi (S/o Kiranta) vs Ram Dai W/o Ram Singh (Died) - 2025 0 Supreme(Raj) 1912 In one endorsement: gkftj feyk mls e; ,d izfr uksfVl vthZ nkok dks fnkkdj ysus dks dgk rks bUdkj fd;k blfy, e; ,d izfr uksfVl izfroknh ds edku ij pLik fd;k. Witnesses: Daqtjke xokg 1- lqUnjyky iVsy 2- ykspu izlkn iVsy. [Ghasiram (Dead) Through LRs VS Shashi Bhushan - 2017 Supreme(Chh) 106
Defective reports lead to settings aside. In a limitation case, appellate court rejected rehearing without inquiring into service: whether summons notices were duly served... refusal of summons reported by serving officer without containing requirement. Appeal allowed. Ghasiram (Dead) Through LRs VS Shashi Bhushan - 2017 Supreme(Chh) 106
Courts also correct process server errors, like wrong death reports causing abatement: The report of the process server is ex facie wrong. Invoking Actus Curiae Neminem Gravabit (court's act shouldn't harm parties), orders recalled under Section 151 CPC. Jagannath Panda VS Narayan Mohapatra - 2015 Supreme(Ori) 583Jagannath Panda VS Narayan Mohapatra
In eviction suits, process server reports confirmed service despite obstructions: the elder brother... restrained and obstructed the process server. Hastimal S/o Sh. Kewalchand VS Bhura Ram S/o Nopaji Suthar - 2015 Supreme(Raj) 84
Invalid signatures or incomplete reports fail muster: The name of the person whose signature it is is not mentioned below the signature. Adonis India VS Ashu Electronics and Refrigeration - 2009 Supreme(Del) 918 Courts set aside ex-parte judgments for non-compliance with Order V Rule 19A. Adonis India VS Ashu Electronics and Refrigeration - 2009 Supreme(Del) 918
Certified reports are pivotal for:- Proving improper service (no witness = set-aside). Ram Kishan Adopted Son Kirodi (S/o Kiranta) vs Ram Dai W/o Ram Singh (Died) - 2025 0 Supreme(Raj) 1912Shakuntala Singh VS Basant Kumar Thakur - 2002 0 Supreme(MP) 1061- Ensuring natural justice. State of Assam VS Moslem Mondal - 2013 0 Supreme(Gau) 6
Courts reject unverified reports, directing fresh service. Act promptly—delays prejudice justice. State of Assam VS Moslem Mondal - 2013 0 Supreme(Gau) 6
Tips:- Highlight urgency in ex-parte challenges.- Retain application copies.- Use for applications under Order IX Rule 13 CPC.
Obtaining a certified process server report is a simple application process ensuring service transparency under CPC. Courts mandate prompt compliance, safeguarding fair trials. Key takeaways:- File detailed applications with fees/ID.- Leverage for defective service challenges.- Reference precedents for urgency/delay remedies.
Stay proactive in verifying service to protect rights. For tailored guidance, consult legal experts.
#ProcessServerReport, #CPCOrder5, #LegalProcedure
While the narrative of the process server in his report is different. The report of the process server should be given precedence over the report of the postal authority, as held by Hon’ble Apex Court in the case of Salem Bar Association vs. ... The report of the process server demonstrates that the defendant after understanding the contents of the summon refused to accept the same. ... Urgent photostat c....
Pursuant thereto, the process server submitted a report on 23.12.2011 along with an affidavit on 02.01.2012. ... such, the process server report could not have been made the basis for accepting the service of summons on the defendant. ... He submitted that there was no cross examination by the defendant to the process server and, as such, the question of examination of the process server, even after submitting a #H....
The premises of the defendant was found to be closed, rather, it has been apprised to the Process Server that the said premises has been vacated by the defendant, then his report, clearly demonstrates the unholy haste to affix the summons by the Process Server. ... It is the further case of the defendant that the report made on the summons by the Process-Server was false. 10. ... As per the report made on the summons issued against ....
Office is directed to send a copy of the report of the process server, which has been received from the District, to learned Principal District and Sessions Judge, West Champaran at Bettiah for information and further action. ... However, as per the report of the Postman as endorsed on the returned registered cover, she could not be traced. It appears that the process server has not visited the place of the residence of Opposite Party No.2 and he has given r....
As the defendant refused to receive the notice, the process server affixed the summons on the wall of the petitioner-s office and obtained signature from one Udhayakumar. To this effect, the process server submitted his report before the court below on 29.09.2009. ... The process server has not complied with the procedures contemplated under Order V Rule 17. The process server is also bound to comply the rule contemplated in Order V....
The Fiscal's process server's affidavit, which is dated the 5th July, 1900, discloses that the process server swears that he affixed " a translation copy of the summons on the within-named second and third defendants' last known place of abode." ... The District Judge further says he does not believe the Korala would have allowed the process server to serve the process with him and would not have pointed out the mistake. ... The third defendant has denied it, and....
as 15.02.2023 of the process server. ... Learned counsel submits that all this was recorded by the Process Server in his report dated 15.02.2023. ... The Process Server has filed report giving positive assertion of service. 5. ... Learned counsel submits that upon the process fee being filed by the report dated 13.08.2022, the process server has submitted his report#HL_....
SERVER THEREUPON EXHIBIT P7 TRUE PHOTO COPY OF THE COURT CERTIFIED COPY OF THE NOTICE RETURNED AFTER SERVICE ON 4TH JD/4TH RESPONDENT HEREIN IN EXT P3 EXECUTION PETITION WITH REPORT OF THE PROCESS SERVER THEREUPON EXHIBIT P8 TRUE PHOTO COPY OF THE COURT CERTIFIED ... OF THE PROCESS SERVER THEREUPON EXHIBIT P11 TRUE PHOTO COPY OF THE COURT CERTIFIED COP....
The process server should report back to his Court by way of an affidavit (Section 371), whether the summons was served personally on the defendant or not for the reasons stated therein. ... Since the role of the process server in the service of summons is placed under close scrutiny, it is necessary to trace the origins of the term “process server”, in civil litigation process. ... The affidavit of the process server#HL_E....
A written report was made to the Magistrate by one Kandappu Warrant-No endorsement regarding security bond-Warrant defective- Escape from custody of Fiscal's process server no offence-Penal Code s. 219. ! ... As it was missing, the warrant was ex facie defective and in executing it the Fiscal's Process Server cannot be said to be acting in the discharge of his public function. Nor was the appellant in lawful custody. ... A Fiscal's Process Server is clearly within....
The process server submitted report on 15- 6-1997 and following endorsement was made by the process server on the back of all the notices: - egksn;] ekSds ij tkdj e; xokgksa ds }kjk izfroknh dk irk yxk;k rks gkftj feyk mls e; ,d izfr uksfVl vthZ nkok dks fn[kkdj ysus dks dgk rks bUdkj fd;k blfy, e; ,d izfr uksfVl izfroknh ds edku ij pLik fd;kA daqtjke xokg 1- lqUnjyky iVsy 2- ykspu izlkn iVsy On 23-4-1997, the appeal was admitted and notices were ordered to be issued and the case was fixed for 30-6-1997.
Further, the learned counsel for the respondents misled the Court by filing a memo. The report of the process server is ex facie wrong. 6. Death certificate issued by the Health Officer, Puri Municipality, Puri shows that Champa Dibya-appellant no.2 in the appeal died on 28.11.1991. Basing on the report of the process server as well as memo filed by the appellants that both the appellants died, learned lower appellate Court dismissed the appeal as abated on 15.05.1987.
Further, the learned counsel for the respondents misled the court by filing a memo. Basing on the report of the process server as well as memo filed by the appellants that both the appellants died, learned lower appellate court dismissed the appeal as abated on 15.05.1987. 6. Death certificate issued by the Health Officer, Puri Municipality, Puri shows that Champa Dibya-appellant no.2 in the appeal died on 28.11.1991. The report of the process server is ex facie wrong.
According to said reports, when the notice of this Court were taken for service on the respondent No.2-Hansraj S/o Sankal Chand by the process server, he (respondent No.2-Hansraj) was reported to be out of station, therefore, the notices were sought be served by affixture on the conspicuous part of the suit premises, however, the elder brother of the respondent No.2 Hansraj restrained and obstructed the process server and, therefore, summons for 17.02.2012 have been returned by the process server with his report, counter signed by witnesses, one Ravi S/o Ashok Soni and another, Mukesh S/o Ma....
On the reverse of the summons of this Court there is a purported signature bearing the date 16th June 1999 over which is the writing in hand: received one court copy.. The name of the person whose signature it is is not mentioned below the signature. Accompanying this communication is a copy of the report of the process server. Although in the said letter dated 30th June 1999 there are several columns like served personally, served sufficiently, not served, served in sufficiently, reported to be died, reported to have incomplete/left the address none of these columns are in....
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