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Adv. N D Gawade   06 September 2024

Patition case : summons notice under order 5 rule 3 cpc issued but plaint not attached.

In asuit for Partition and Separate Posession my clinet has received summons notice under oder 5 rule 3 to appear in court with all documents available, But there was no Plaint attached with the notice.( Civil Court Pune)

1) Should I request court to give the proper summons with the plaint attached.

2) Request for extension to file WS as plaint was not attached.

Please guide.

Thank you. 



Learning

 5 Replies

Dr. J C Vashista (Advocate )     06 September 2024

Inform the court regarding non-attachment of copy of plaint, demand it officially, the court shall adjourn to file WS on a later date.

1 Like

Real Soul.... (LEGAL)     06 September 2024

The summons were suppoused to be attached with copies of suit and annexures , however you cana sk the court to proivde the copies of suit and annexures

1 Like

Advocate Bhartesh goyal (advocate)     06 September 2024

Inform the court that you have received only copy of summon and not received copy of plaintiff and annexturs and without obtaining copy of plaint and annexturs w.s can't be filed, court will issue  directions to plaintiff to provide you copy of plaint and annexturs. 

1 Like

T. Kalaiselvan, Advocate (Advocate)     06 September 2024

You can ask your client to appear before court and while representing your client before court you may inform the court that the copies of the plaint wass not served and request the court to direct the plaintiff to supply one copy and seek time to  file the written statement until then

1 Like

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