What happens when a person doesnt appear for an application

ramesh shinde (Querist) 05 February 2017 This query is : Resolved
What happens when defendant doesn't appear to give his say on an application(By Plaintiff) for leave for interrogatories(ORDER XI Rule 1),

do Plaintiff have to send the application copy via a notice or send him summons? what is the procedure next?

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Isaac Gabriel (Expert) 06 February 2017
Seek the court to permit Private notice to the respondent.

ramesh shinde (Querist) 06 February 2017
Thanks Isaac Ji,

What is private notice? cant Plaintiff directly send Notice via register AD does he have to take permission of the court to do that? when the court has also marked it as NO SAY

Isaac Gabriel (Expert) 06 February 2017
only with the permission of court private notice can be given

ramesh shinde (Querist) 06 February 2017
Thanks for your speed replies really helpful..

Now there is a new development on the plaintiff's application the judge has remarked as "No Say ... hence plaintiff is directed to take steps.. for proceeding in the suit.." now when the judge itself is asking for taking steps does it mean that we can now serve the interrogatories as there is no say.. or still we have to apply to court for the leave to grant permission to send them the notice...

ramesh shinde (Querist) 06 February 2017
.... please help

Rajendra K Goyal (Expert) 06 February 2017
Please state clear material facts.

ramesh shinde (Querist) 06 February 2017
Mr. Rajendra Ji,

As stated above -->

An application was moved by the plaintiff for making defendants answer interrogatories however the defendants remained absent they didnt file any say against the said application (ORDER XI RULE 1 is applicable here) the court now have remarked the following "NO SAY HENCE PLAINTIFF IS DIRECTED TO TAKE EFFECTIVE STEPS FOR PROCEEDING IN THE SUIT" now what is the way ahead.. Should the interrogatories be sent to the defendants or a notice to be sent to appear and give say on application, further for sending notice do we need to again take permission of the court to send the notice?