Section 76: Substitute recipient at the address

Supreme Court decisions interpreting this section

1. Supreme Court Judgment No. 5741/2559 (2016)

   Delivery of a court notice at the party's domicile to a household member over twenty years of age is lawful service under Section 76 paragraph one, read with Section 73 bis for registered mail.

   The postal officer delivered the notice of the appellate judgment date at the defendants' domicile to a relative over twenty years old. The court held service lawful under Section 73 bis with Section 76 paragraph one, and observed that as a reasonable person the recipient should have promptly told the intended recipients of the important registered court item.

2. Supreme Court Judgment No. 2850/2553 (2010)

   Where the enforcement officer serves the writ on a person over twenty years old who resides at the defendant's registered address and willingly receives it on the defendant's behalf, service is lawful under Section 76.

   The writ for defendant 3 was received by a person over twenty years old residing at the address where defendant 3 was registered, who willingly accepted it on his behalf per the service report. The court held this was lawful service under Section 76.

3. Supreme Court Judgment No. 12445/2547 (2004)

   Where an employee aged forty five who is at the same house or office receives the summons and copy of the plaint, service is lawful under Section 76 paragraph one, and the fifteen day period to file an answer under Section 177 paragraph one runs from that date.

   The defendant's employee, aged forty five and at the same house or office, received the summons and copy of the plaint by registered return mail. The court held service lawful under Section 76 paragraph one, so the answer was due within fifteen days under Section 177 paragraph one, and the answer filed a month later was out of time.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.