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Legal Format & Draft

Affidavit of Process Server to a Accompany Return: Format

Reference draft used in Indian courts — replace the blanks with your own case details.

The Affidavit of .. son of resident of ,.. make oath and say as follows---
1. I am a process server of this Court.
2. On the . day of , 2000, I received a summons/ Notice.. issued by the Court of .. in Suit No. of in the said Court, dated the .. day of , For service on
3. The said .. was at the time personally known to me, and I served the said Summons /notice on him /her on the day of, .. at about. oclock in the noon by tendering a copy thereto him/ her and requiring his/her signature to the original Summons/ Notice.
(a)
(b)
Here state whether the person served signed or refused to sign the process,
and in whose presence.
Signature of process server.
 
Or
The said . not being personally known to me. accompanied me to .. and pointed out to me a person whom he stated to be the said and I served the said whom he stated to be the said.. and I served the said Summons / Notice on his/ her on the .. day of , 2000, at about Oclock in the .. noon at.. by tendering a copy thereof to him/ her and requiring his/ her signature to the original summons/notice
(a)
(b)
Here state whether the person served signed or refused to sign the process,
and in whose presence.
Signature of Process server.
 
OR
One accompanied me to and there pointed out to me. Which he said was the house in which ordinarily resides. I did not find the said there.
(a)
(b)
Enter fully and exactly the manner in which the process was served,
with special reference to Order V, Rules 15 and 17.
 
Signature of Process server
OR
The said and the house in which he ordinarily resides being personally known to me, I went to the said house, in and thereon the .. day of , 2000. At about oclock in the .. noon , I did not find the said..
 
(a)
(b)
Enter fully and exactly the manner in which the process was served, with special reference to Order V, Rules 15 and 17.
 
Signature of Process server.
Or
If substituted service has been ordered, state fully and exactly the manner in which the summons was served with special reference to the terms of the order for substituted service.
 
Sworn/ Affirmed by the said. Before me this . Day of .., 2000.
Empowered under section 139 of the Code of
Civil Procedure, 1908 to administer the oath to deponents.

Using this format

This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.

Our Criminal Law team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. Our criminal defence team handles bail, trial and pre-trial applications in Kolkata courts.

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Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.

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