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Section 5: Notice to the opposite party

The Puducherry Maintenance and Welfare of Parents and Senior Citizens Rules, 2011Union territory Rules of Puducherry · 2007

(1) Once the Tribunal is satisfied on the points mentioned in sub- rule (1) of rule 5, it shall cause to be issued to such children or relative against whom an application for maintenance has been filed, a notice in Form–C along with a copy of the application and its enclosures, after making entries in Maintenance Claim Cases Register as in the format in Annexure - I, directing him/her to show cause as to why the application should not be granted, in the following manner :

(i) by hand delivery (Dasti) through the applicant if he so desires, else through a process server; or

(ii) by registered post with acknowledgment due ; and

(iii) in case of such delivery not being possible, the same shall be posted at conspicuous place on the premises.

(2) The notice shall require the opposite party to appear in person, on the date to be specified in the notice and to show cause, in writing, as to why the application should not be granted and shall also inform that, in case he fails to respond to it, the Tribunal shall proceed ex parte.

(3) Simultaneously with the issue of notice under sub-rules (1) and (2), the applicant(s) shall also be informed of the date mentioned in sub-rule (2), by a notice issued in Form–D.

(4) The provisions of Order-V of the Code of Civil Procedure, 1908, shall apply, mutatis mutandis, for the purpose of service of notice under sub-rules (2) and (3).

Where this provision sits

ActThe Puducherry Maintenance and Welfare of Parents and Senior Citizens Rules, 2011
Section5
Marginal noteNotice to the opposite party
JurisdictionUnion territory of Puducherry
StatusIn force as published by the source

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