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Pal (Home)     08 December 2010

Suit against me under XXXVII of the code of civil procedure

Hi,

 

I have received the following order from the court what will do now.

 

IN THE COURT OF ASST CITY CIVIL AT MADRAS

SUMMARY SUIT NO. .....OF 2010

IDBI Bank

..................

..................                 ..plaintiff

 

versus

 

My Self                       ....Defedant

 

Whereas the above named has instituted a suit against you under XXXVII of the code of civil procedure 1908, for Rs. 96,380/- and interest you are hereby summoned to cause an appearance to be entered for you, within ten days from the service hereof in default where the plaintiff will be entitled after the expiration of said period of ten days to obtain a decreee for any sum not exceeding the sum of Rs.96,380/- and the sum Rs.96,380/- for costs, together with such interest if any as the court may order.

 

If you cause an appearance to be entered for you, the plaintiff will thereafter serve uponyou a summons for judgement at the hearing of which you will be entitled to move the court for leave to defend the suit.

 

Leave to defend my be obtained if you satisfy the court affidavit or otherwise that here is defence to the suit on the merits or that it is resonable that you should be allowed to defend.

 

Given under my hand the seal of the court this ........ day of 2010

 

Counsel for Plaintiff                                                                                 Judge

 

 

Pleae advice me as soon as possible i have 5 days only.


Thanks & Regards,

Palani



Learning

 6 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     08 December 2010

Yes. Either u or your representative lawyer must present. You have to obey court summons.o.k.

adv. rajeev ( rajoo ) (practicing advocate)     08 December 2010

It is answered

Pal (Home)     08 December 2010

Thank you very much for your reply

Pal (Home)     08 December 2010

Hi,

Thanks for your reply.

 

There is no specific date and time to appear the court. But it said within 10 days so can i appear any date with in the 10 days time period.  The judge signed on 30-11-10. I received the order on 08-12-10 so how can i calculate the 10 days time period.

Thanks

Y V Vishweshwar Rao (Advocate )     19 January 2011

it is from the date of Service of Summons !

Y V Vishweshwar Rao (Advocate )     19 January 2011

After you appear in the Court through an advocate , Plaintiff will have serve a Notice for judgment , then you can move the court for leave to defend the case . On your affidavit and if the Court consider that there is point to contest the case - you will be allowed to contest the case .


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