ADVERTISEMENT

Dasti notices/ summons

Dasti notices/ summons
Highlights

blogspot.in that ‘Dasti’ is a Persian word, which means ‘by hand’. Therefore, ‘Dasti Service’, in a legal context, means service of summons by the...

Telangana Congress legislator S Sampath Kumar on August 30 handed over “Dasti” notices served by the Supreme Court service of the notice of the petitioner to the respondent in person) to the Speaker S Madhusudhanachary and Congress MLAs who had joined TRS.What is ‘Dasti’ notice? Ravi Pandey, a student of Dr. Ram Manohar Lohia National Law University, Lucknow, writes in http://uttarakhandlaws.

blogspot.in that ‘Dasti’ is a Persian word, which means ‘by hand’. Therefore, ‘Dasti Service’, in a legal context, means service of summons by the Petitioner/Plaintiff on the Respondent/Defendants, by a specific order by the Court,and not by registered post or through the process server of

Earlier, civil courts were the sole authority to send summons, a process known as service, through official process servers, to the defendants, which being a time consuming and arduous task, considering the amount of work, consequently, disrupted the timely disposal of a bulk of cases.

Following the recommendations of the Malimath Committee, which highlighted and acknowledged the delay in service of summons, Order V Rule 9A was inserted into the Code of Civil Procedure, 1908 (“CPC”) by an Amendment Act of 2002. By virtue of this amendment, now, even a petitioner or plaintiff can serve summons upon the respondent or respondents.

Several High Court have given recognition to Dasti Service. It is pertinent to mention that when the plaintiff serves summons upon the defendant under this provision, he/she acts as a Service Officer and can perform the duties under Order V Rule 16 and Order V Rule 18 of the CPC.

However, it should be pointed out that while Dasti Service has numerous advantages of ensuring urgency and expediency, it also has an inherent weakness towards the possibility of manipulation by the plaintiff, abusing the process by willfully defaulting the service and getting matters to proceed ex-parte.

Therefore, the Court has to weigh in the benefits of permitting service by Dasti and the plaintiff should ideally make out a prima facie strong case of deliberate or willful avoidance of summons on behalf of the defendant, before the Court permits service by Dasti.

Therefore, the permission for Dasti Service is granted only where it is urgent or truly in the interest of justice. (http://uttarakhandlaws.blogspot.in/2016/06/dasti-service-tool-for-speedier-justice.html)

Show Full Article
Download The Hans India Android App or iOS App for the Latest update on your phone.
Subscribed Failed...
Subscribed Successfully...
More Stories
Top