Notice Of Motion Template For Substituted Service
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FAQ
Subservice refers to a method of serving legal documents when direct service is not feasible. For instance, you may use a Notice of Motion template for substituted service to serve papers to a person through alternative means, like by mailing documents to their residence or the last known address. Knowing how subservice works is beneficial as it ensures that all parties are informed, even when traditional service methods fail. Understanding this can help you avoid complications in your legal proceedings.
Substituted Service [Rule 17, 19-20] For ordering substituted service as per Order 5 Rule 20, CPC it must be shown that the respondent/defendant is keeping out of the way for the purpose of avoiding service or that for any other reason, the summons cannot be served in the ordinary way1.
It will generally only be permitted if the relevant Court is satisfied that: Personal service is impractical. This may be demonstrated, for example, by evidence that a defendant is deliberately avoiding attempts to personally serve them with legal proceedings.
Order V Rule 17 of the CPC provides for substituted service of summons where the defendant is avoiding service of summons, or could not be located by the court officer at the address furnished by the plaintiff, or the summons could not be served in the ordinary course for any other reason.
Substituted Service [Rule 17, 19-20] Substituted service means the service of summons by a mode which is substituted for the ordinary mode of service of summons.
The purpose of using a notice of motion is usually to clarify or seek direction on matters in dispute. They can also be used to ask for mediation or adjournment of a hearing. A notice of motion will also express when and where the Court will hear the motion.