Sommons refused
GANGAM.RAJENDER.
(Querist) 09 September 2014
This query is : Resolved
respected experts,
summons have been refused by some of the defendants then they are set exparte.the suit proceedings are continuing since 6 months but the exparte defendants not attended the suit.
Q1.NOW THEY WANTED TO ATTEND THE COURT IS IT POSSIBLE TO SET ASIDE THE EXPARTE ORDER AFTER SIX MONTHS.
Q2.IF IT IS POSSIBLE WHAT IS THE PROCEDURE SIR.
THANK YOU SIR.
Raj Kumar Makkad
(Expert) 09 September 2014
1. Yes it is possible subject to imposing heavy cost upon them and on being satisfied with the reason leading them to proceed ex-parte.
2. Court shall hear both the parties and then only shall decide.
Dr J C Vashista
(Expert) 10 September 2014
I agree with the expert advise of Mr. Raj Kumar Makkad. The defendant can move application for recalling of order of proceeding ex-parte, which your counsel shall be able to draft, type, stamp, submit and argue, which is generally allowed.
However, your advocate or tutor shall be the best person to teach you the procedure.
V R SHROFF
(Expert) 10 September 2014
ADVOCATE Shri Rajendra
YOU ARE PRACTICING AS AN ADVOCATE"
& WANT TO DEVELOP your LEGAL KNOWLEDGE"
Fine,
Dr.JC; , he is himself Advocate & knows these procedure..
The advise of Shri Raj Kumar Makkad is PERFECT,
and hence nothing more to add.
Raj Kumar Makkad
(Expert) 10 September 2014
Thanks for respected JC Vashista & Shri VR Shroff sir.
GANGAM.RAJENDER.
(Querist) 10 September 2014
thank you experts,
sir in this circumstances (REFUSED SUMMONS)the plaintiffs has any right to proceed under order 5 rule 19 .
Q1.CAN THE PLAINTIFFS HAVE ANY RIGHT TO ASK THE HON'BLE COURT FOR FRESH SUMMONS.
Q2.PLAINTIFFS HAS ANY RIGHT TO FILE PETITION UNDER ORDER 5 RULE 19 .ACTUALLY THE SURVING OFFICER NOT SERVED THE SOMMUNS SIR ,THEY ARE COLLUDED WITH THE SOME OF DEFENDANTS.
PLS GIVE ME YOUR VALUABLE SUGGESTION SIR.
THANK YOU SIR.
ajay sethi
(Expert) 10 September 2014
if summons have been refused and you have report of refusal it is proper service . why fresh summons ?
Dr J C Vashista
(Expert) 10 September 2014
1. Thank you very much Sh. Sharoff ji.
@Rajinder,
2. If you have any such proof that the defendant has not been served properly apply (submit an application to the Court)with proof stating therein the complete picture and fraud committed upon the Court and abuse of process of law for which the Process Server shall be taken to task (enquiry followed by punishment-if proved).
After hearing the application the court shall issue fresh summons to the defendant.
3. Or. V Rule 19 CPC is inapplicable in this case.
Raj Kumar Makkad
(Expert) 10 September 2014
Sometimes courts again send the notice to the respondents/defendants hence the query.
GANGAM.RAJENDER.
(Querist) 10 September 2014
thanks for all the experts,
Dr J C Vashista sir shall we move application under section 151 of cpc with proof before the hon'ble court.
thank you sir.
Raj Kumar Makkad
(Expert) 10 September 2014
Court can initiate action is action case even if orally prayed.
GANGAM.RAJENDER.
(Querist) 10 September 2014
thank you experts raj kumar makkad sir and Dr J C Vashista sir.
thank you one and all experts for your valuable suggestion.
Raj Kumar Makkad
(Expert) 15 September 2014
Some experts are engaged just to increase their posts instead of advising any meaningful advice to the authors.
Shantilal Pandya
(Expert) 28 September 2014
collusion by plaintiff with any of the defendents with respect to refusal of service and causing making of a false report as to service of summons is a good ground to setaside exparte order and the court if satisfied will readily set it aside
T. Kalaiselvan, Advocate
(Expert) 15 September 2014
