Dasti notice – how served

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This topic contains 2 replies, has 2 voices, and was last updated by  Oksana Chauhan 5 months, 3 weeks ago.

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  • #4602

    Dear Sir!
    Should dasti notice be served personally by advocate only? Or by petitioner also? Or it may be served trough speed/register post also?

  • #4607

    Dasti implies “by hand”. A dasti notice is required to be served by hand, i.e., in person. It can be served by the party concerned (or by a person on his behalf) or by his advocate. An affidavit is generally required to be filed in the court regarding the manner of serving the dasti notice on the party concerned.

    Rule 9A in Order 5 of the Civil Procedure Code provides for dasti notice (though the word dasti is not used therein):

    9-A. Summons given to the plaintiff for service.— (1) The Court may, in addition to the service of summons under rule, on the application of the plaintiff for the issue of a summons for the appearance of the defendant, permit such plaintiff to effect service of such summons on such defendant and shall, in such a case, deliver the summons to such plaintiff for service.

    (2) The service of such summons shall be effected by or on behalf of such plaintiff by delivering or tendering to the defendant personally a copy thereof signed by the Judge or such officer of the Court as he may appoint in this behalf and sealed with the seal of the Court or by such mode of service as is referred to in sub-rule (3) of Rule 9.

    (3) The provisions of Rules 16 and 18 shall apply to a summons personally served under this rule as if the person effecting service were a serving officer.

    (4) If such summons, when tendered, is refused or if the person served refuses to sign an acknowledgment of service or for any reason such summons cannot be served personally, the Court shall, on the application of the party, re-issue such summons to be served by the Court in the same manner as a summons to a defendant.”

    Every court may have its own specific rules with regard to the dasti service of notices. For example, Rule 3 of Order LIII of the Supreme Court Rules, 2013, contains the following provision with regard to dasti service:

    “Provided further that, where ‘dasti’ service (i.e. service through party) is directed or allowed, the party shall (unless permitted otherwise), within fifteen days of issue of dasti, tender the ‘dasti’ notice to addressee in person and obtain an acknowledgment of service from the addressee. In case the addressee declines to receive, or acknowledge the service of, notice the party shall move the principal civil court (other than High Court) within local limits of whom addressee resides (or carries on business or personally works for gain), for service through special bailiff, the process fee/charges for which shall be borne by the said party. The concerned court shall direct expeditious service of notice through special bailiff and cause a report of service to be sent to the Registrar of this Court by registered /Speed Post A.D., the charges for which shall be paid by the concerned party, and forward a copy of the said report through the party, for being submitted to this Court.”

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

  • #4614

    Thank you Sir!

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