Monday, May 4, 2009




[first paragraph should consist of introduction to the question]
The law that governs the procedure to serve summons is provided by ss. 34 until s.37 of the Criminal Procedure Code. Ali should understand that he is going to serve sumons against two different entities that are to an individual and to a company, while the procedures are different.

[point 1: procedures of service against individual]
According to s. 34, Ali should know that the summons must be already signed by the Plaintiff and also executed by the magistrate. The summoned person must receive the duplicate copy of the summons.
s.35(1) provided that the summons must be served personally to the Defendant. Therefore, he cannot serve the summons by any other way other than by hand only.
The summoned person must acknowledged the summons at the back of the summons for his copy, to be adduced as evidence that the summoned person had already received the summons. This is underlined in s.35(2).
Ali must noted that if the summoned person is not available to receive the summoned, then the family members or any adult residing with him can receive the summons. That is what highlighted in s.35(4).

[point 2: procedures of service against company]
For the second summons, that is against a company. Ali must aware that the procedures are different. Refer to s.35(3), if the summons made against a company, the person authorized to receive the summons is either the CEO or the secretary of the company.
If in case that both of the persons are not available, therefore Ali can leave the summons by affixing the summons to the company’s last known address and he better take a picture of the affixed summoned to be evidence of complete service as written in s.36.

[point 3: conclusions must be fact of procedures also]
As a conclusions, when Ali have managed to served both summoned, he must come back to the office and prepare an Affidavit of Service of his own and follow the rules given by s.37 for the preparation of the affidavit.