Civil suit- procedure & 7/12 extract (ancestral property)
RAMESH BHILWADIKAR
(Querist) 30 November 2014
This query is : Resolved
A legal suit has come up in lower civil court (taluka court) in Maha.state.wherein we 10 are defendants.Queries are:-
(1)Court notices not recd.by no.4&5;whether they shld appear before court;whether 4&5 can still give advocate even before ackg.notices?
(2)1,2,&3 recd.notices but didnt appear on the very first date due to late intimation; can court give ruling "not pr.,hence no say(interest) in matter- pro.ex-parte" (this is what briefed by our advocate)and disallow to present in next date? Is it natural justice? Any rectification procedure?
(3)no.6 to 10 are legal heirs of widow def.no.5, but their names are not in 7/12 extract. (ancestral property)Whether def.6 to 10 can stand to defend their case in court? Is it necessary to include names of 6 to 10 in 7/12 extract as suggested by our advocate?
Devajyoti Barman
(Expert) 30 November 2014
1. They can appear even if they do not receive summons.
2. The query is vague. Make complete sentences.
3.Yes, they can apply for addition of party.
Dr J C Vashista
(Expert) 30 November 2014
1. Explain the meaning of the words "recd", "shld", "ackg", "pr" "not pr", "pro.exparte" "def" etc.used by you but missing in oxford or any of the English dictionary, at least I could not find.
2.Your entire query is full of vagueness and incomplete information.
3. Second part of first question is vague, wherein you have querried, "whether 4 & 5 can still give advocate even before ackg notice....?
4. The unserved defendants may appear, but better to wait for the notice and watch proceedings (disguised.)
Rajendra K Goyal
(Expert) 30 November 2014
Agree with the expert Devajyoti Barman ji.
RAMESH BHILWADIKAR
(Querist) 01 December 2014
Thanks Mr.Barman for replies to (1)&(2).I revise query No.(3):=Defendants 1,2,&3 didnt appear on the very first date due to late intimation; can court give ruling "not present,hence no say in the matter- proceed ex-parte" and disallow to present in immediate next date? Is it natural justice ? what shld defendant do to such un-lawful procedure ?
Now coming to Dr J C Vashista's reply:=My learned lawyer has wasted too much time in searching dic's words rather than taking querries in "guide's" guesture.See his own vagueness in reply at no.4.
T. Kalaiselvan, Advocate
(Expert) 03 December 2014
If summons have been properly served on the defendants and they preferred not to attend or there was no representation on their behalf, they may be set exparte, however subsequently the order can be set aside by an application. The other defendants if they know about the case but not received the summons, they may if they wish to, appear before the court either in person or through their lawyer on the date of hearing and participate in the proceedings. The other defendants even if their names do not appear in 7/12extract, if they were served with summons, it would be better they appear before the court either in person or through their advocate to avoid legal complications in the future.
Dr J C Vashista
(Expert) 04 December 2014
@ Ramesh Bhilwadikar,
Did you pay any fees for my personal opinion or the advise of either of the experts on this platform?
It would have been better for you and experts to understand your problem/query if you could have desisted in using SMS language, which is at times very difficult to make out what you wanted to know FREE OF COST.
Take a note that the experts on this portal are doing charitable social service oblidging/helping out under priviledged litigants who cannot afford consultancy, unlike you.
I donot want this mail to be replied by author and would request the experts to avoid such querist.
