Summary suit.
soniya
(Querist) 23 January 2013
This query is : Resolved
I have filed summary suit in 2010. The defendant was duly served with the court summons. the defendant has neither filed his appearance not filed his written statement till date. I forgot to ask the court for decree as the defendant has not filed his appearance in 10 days.
Now it is time barred. On last date i.e. 18.1.2013 i have requested Hon'ble court to kindly kept the matter for ex partee evidence of plaintiff. The his honour judge has informed me to that before expartee evidence i have to complied with some procedural thing. He did not tell me that procedure.
Kindly tell me the full procedure and the relevant procedure which i have to comply with so that matter can proceed further with the evidence.
please do the needful.
Adv. Soniya.
Devajyoti Barman
(Expert) 23 January 2013
Make a written submission to fix the matter for evidence.
Since the defendant has appeared it would not head ex part.
Raj Kumar Makkad
(Expert) 23 January 2013
Until the defence of the defendant is not proceeded as ex-parte, no court can fix the case for ex-parte evidence as you desire.
soniya
(Querist) 23 January 2013
thanks Devajyoti Barman sir, but respected sir, defendant is not appearing at all though served. it has to be ex-partee. the court's view is that we have not taken any steps in last 2 years. i.e. because of change of advocate in our firm. i just want to know the proper procedure of summary suit i.e. when the defendant has not filed his appearance and not attending matter since last 2 years after service of summons.
kindly also tell me if any body know the proper flow chart of summary suit procedure. i will be grateful for that.
thanks.
Adv. soniya.
ajay sethi
(Expert) 23 January 2013
if defendant has not filed his appearance you have to make application for exparte decree . keep your compilation of original documents ready and also affidavit of service .
R.K Nanda
(Expert) 23 January 2013
agree with Sethi.
Devajyoti Barman
(Expert) 24 January 2013
It appears you have to file show cause as to why you did not take any steps so far
