After preliminary decree at what stages process to be served
M Satyanarayana
(Querist) 15 September 2016
This query is : Resolved
Sir,
After preliminary decree in my favour I served process to the defendant in partition suit to come for partition by metes and bound and filed application under Order 26 rule 13 CPC. Taking undue advantage she filed claim petition which was proved to be bogus. Again the defendant family members also filed various bogus claims. To escape from metes and bound and advocate commission the defendant withdrawn the vakalath and the defendant counsel not appeared. My counsel due to various unknown reasons remained absent and my application for metes and bound and advocate commissioned was dismissed. Again I have to file fresh application and pay advocate commission fees. The partition suit is still pending why I should serve notice to other side when already the defendant received my notice after preliminary decree.
Please kindly advise whether I have to file fresh application and pay advocate fees and serve process again on defendant.
Thanking you,
M.SATYANARAYANA
Raj Kumar Makkad
(Expert) 15 September 2016
This is your repeated query. Yesterday also you had raised the same query which was duly replied by many experts including me. Isn't that sufficient?
