Summary suit u/o 37 c.p.c.

lovneet (Querist) 21 December 2012 This query is : Resolved
if defendant does not appear within 10 days from the date of service but appear after 10 days then service of summon of judgement is necessary or not?

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Sudhir Kumar, Advocate (Expert) 21 December 2012
what is query

ajay sethi (Expert) 21 December 2012
defendant will take out application for condonation of delay in filig his appearance . delay is condoned . you ahve to take out summons for judgement

R.K Nanda (Expert) 21 December 2012
his delay can be condoned by court on his application for same and then court will proceed the case further.

Raj Kumar Makkad (Expert) 21 December 2012
Where is the matter of delay?

If a defendant do not appear on the day of hearing despite of notice then court orders either to proceed ex-parte against him or issues fresh notice.

If defendants put his appearance either on the next date of hearing or intermittently on any other day for the purpose of his presence, no fresh application is liable to be moved as advised by both experts.

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