Summary suit - evidence
RAJAGOPALAN NAIR
(Querist) 23 November 2013
This query is : Resolved
Dear Sirs,
I have filed a Summary Suit in City Civil Court, Mumbai. The Defendants have not appeared or filed the Vakalatnama. Please help me with the next steps.
1. I have to file the evidence (original + copies where original is not available)?
2. Or take out a Summons for Judgement?
3. If I have to file the evidence first as above, at what stage I have to take out the Summons for Judgement?
4. After filing the evidence as above, will it be kept for exparte order?
6. Shall be also grateful if someone tells me the entire procedure right from filing.
Thanks & Regards,
ajay sethi
(Expert) 23 November 2013
if defendants have not filed vakalatnama you are entitled to exparte decree . no need to take out summons for judgment . just file compilation of original documents and affidavit of evidence . court after perusal of the said affidavit / original documents will grant you exparte decree
RAJAGOPALAN NAIR
(Querist) 23 November 2013
Thank you very much for your valuable reply Sir.
R.K Nanda 
(Expert) 24 November 2013
agree with experts.
T. Kalaiselvan, Advocate
(Expert) 24 November 2013
If the summons were served on the defendants, they choose to not to appear before the court, the court if satisfied about the sufficient service of summons, it may set the defendants exparte and the plaintiff can mark all the documents as per the list of documents as exhibits during deposition of exparte evidence.
