What does order for substitute service mean?

If the Plaintiff does not know where the Defendant is located and is unable to find out the Defendant’s location by any means even after contacting his or her relatives, friends and employer(s), the Plaintiff may apply for substituted service by way of advertisement.

What is substituted service Singapore?

You may apply for substituted service if 2 reasonable attempts at personal service have been unsuccessful. Substituted service is subject to the court’s approval. Your application must be made by a summons supported by an affidavit prepared in accordance with Form 137 of the Rules of Court.

What is the substitute service?

Substituted service is one of the ways to deliver legal papers that start a case. The papers are left with someone else to give to the defendant or respondent and copies are mailed. Substituted service can only be used when personal delivery is tried and the person is not there.

What is substitute service of summons?

Under Order 5, Rule 20(1), substituted service can be ordered only where the court is satisfied that the defendant is keeping out of the way, or that for any other reason the summons cannot be served in the ordinary way.

Can a company be served by substituted means?

The judex neither makes laws not does it possess any power to amend any statute. ‘ It may thus be out of place with due respect to the Justices of the Supreme Court to state that a company cannot be served by substituted means.

What is substituted service Malaysia?

A substituted service is basically an advertisement that has been made in the court and you would normally find such advertisements in the local daily newspaper. For example you will find these kinds of advertisements in The Star, Borneo Mail, News Straits Time, Daily Express and so on.

Can writ of summons be withdrawn?

However, if your case had been commenced by way of an originating claim (previously known as a “writ of summons”), neither the permission of the court nor the consent of the other parties is required to withdraw your case at any time within 14 days of the defendant serving their defence on you.

Who has to make an application for service of summons by substituted service?

Substituted service: Rule 20 requires that the court may only pass an order for substituted service when it comes to the conclusion that, either the defendant is keeping out of the way for the purpose of avoiding service or for any other reason the summons cannot be served in ordinary manner.

What is Court service process?

Service of court processes goes to the jurisdiction of the Court to hear a matter. Parties must as a matter of law and practice ensure that the opposing party not only receives and acknowledge service of processes but also that the service effected is proper under Nigerian law.

Can a company be served by substituted means in Nigeria?

The Court stated that the 2nd respondent is a registered company and by ORDER 12 RULE 9 OF THE CROSS-RIVER STATE (CIVIL PROCEDURE) RULES, 2008, a company cannot be served an originating process by substituted means that is by pasting.

What is writ of summons Singapore?

The writ of summons is a significant legal document in Singapore civil proceedings. It is also known as an originating summons. Its function is to commence such proceedings by informing the defendant that the plaintiff has initiated legal action against them.