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Ninad (Lawyer)     19 December 2012

Issue of process

 HI ,

I  HAVE  A  QUESTION  THAT  AN  APPEAL  HAS  BEEN  FILED  ALONG  WITH  DELAY  CONDONATION  ,AND  PROCESS  FEE  HAS  BEEN  PAID  .  THE  DELAY  GETS  CONDONED  WITH  ORDER  TO ADMIT  THE  APPEAL  .

NOW  DO  I  HAVE  TO  PAY  PROCESS  FEE  AGAIN  FOR  ISSUE  OF  NOTICES  TO  DEFENDANTS  THAT  THE   APPEAL HAS  BEEN  ADMITTED . 

THE  DEFENDANTS  HAVE  ALREADY  CONTESTED  DELAY  CONDONATION  APPLICATION  IN  THE  APPEAL , DELAY  IS  CONDONED  SO  WHAT  IS  THE  NEED  TO  ISSUE  NOTICES  AGAIN .

KINDLY  INFORM  WITH  ANY  CASE  LAW  OR  HIGH  COURT  RULES  ON PROCESS  FEES. 

 

 THANKS .



Learning

 3 Replies

Ajay kumar singh (Advocate)     19 December 2012

When the responents have already appeared in the apeal to oppose the petition for condonation of delay and they have knowledge that the delay has been condoned and the appeal has been admitted, there is no need of sending notices against them.

JANAK RAJ VATSA (ADVOCATE)     21 December 2012

the case is already on and the opposite party aware about it

Amit Gupta (Advocate)     11 February 2013

Dear Ninad.

its depend on the practice of the perticular high court.

once the show cause notice/ delay application notice has been serverd and the cousel is appearing then generally court does not issue notice after admission.

but where no body appears after service of show cause notice the court has to issue notices of admision again to the respondents.

but in your case the cousel for the respondents is appearing, hence he has sufficiant notice of the hearing of the appeal, hence no fresh notice of hearing is required.

amit


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