If stage of case is "Notice" since many hearings but not received any corespondance. For a "Respondent" what does this mean and what to be done for this?
Sairam 30 March 2016
If stage of case is "Notice" since many hearings but not received any corespondance. For a "Respondent" what does this mean and what to be done for this?
Sairam 30 March 2016
Thanks for input.
This case was filed 3 yeras ago followon to closure of an old civil case. There were many hearing, initial few hearing case stage was in "Notice", later in few hearing it changed to "summons", after that again it is in "Notice" stage. Why notice is not geting served to "Resopndent" even after so many hearings.
Faltu giri going on , It is done by your respected Advocate most probably intentionally , he should be competent to do silly clerical work.
1) Summons /Notice intention is very clear , to tell other party to appear in court
2) See this is delay tactis done by Advocate. There are various provision under Order 5 of CPC , additionally CPC 151 inheritent power of court . You can serve notice by speed post , additionally notice can be given by hand. Additionally you can apply for notice/summons from court and instead of visiting yourself (If you want to avoid) Tell some one to go to other paty and get signature as if it is letter. Additionally check whether your adv. has not put process fee (Rs. 50 in maharashtra) , In CPC there is even provision to issue by FAX, Email , you need to check rules approved by High court of your state.
3) Addition to Delivery of Summons by Court under rule 9 Order 5 , Summons can be given under rule 9A to plantiff /etc.
4) Most simple thing get sumnmons/Notice that you will serve on opp. party personally . Do some trick that send it as if courier boy etc. and get that person signature on zerox etc.
This is indeed irriating for me 3 Years . This all people are bringing bad name to this proffession .