Legal Advice

What to do when summons returned due to insufficient address? 

Question: What to do when summons are returned due to insufficient address? If the respondent returned a summons as insufficient address. What’ll happen now? What is the procedure for the next proceedings? The matter is related to limitation period in respect of cancellation of probate.

Advise

In this situation you should produce the correct address of the defendant and request the hon’ble court to issue a fresh summons on that correct address. 

The plaintiff is responsible to adduce correct address of the defendant and take all the steps to service summons on the defendant. This is your fault so you should rectify the defect in the address of the defendant.

Shivendra Pratap Singh

Advocate

High Court Lucknow