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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

 

Thanks & Regards,


Palani



Learning

 4 Replies

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

It is a summons to appear in the court to answer the allegation of the plaintiff.  You will have file written statement.  YOu appoint a lawyer to contest the case.  On that day if you failed to appear before the court personally or thru., an advocate you will places an ex-parte and necessary orders will be passed.

Pal (Home)     08 December 2010

Hi,

Thnaks 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

Mayuresh Gujar (Jr)     09 December 2010

 from 8.12.10

cyberlawyer (barrister)     13 December 2010

@ adv. rajeev ( rajoo ) - How can the OP file written statement before leave to defend is allowed ?.

@OP - Unless you satisfy the court by an affidavit in support of leave to defend petition that you have defence to the suit, and the petition allowed, you will not be permitted to file written statement. Only after admission of the petition, the suit will come under order VII where you are entitled to file WS. Otherwise, a decree will be passed against you.

Note tht you may even  be asked to furnish security as a condition  for allowing the petition...


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