Guardianship - court notice

Advocate.S.A.Siddiq (Querist) 06 March 2015 This query is : Resolved
In Guardianship case .... notice not send to respondent as per rules framed by madras highcourt. H4 notices are sent to the respondent.

Now respondent file the setaside petition with grounds of notice matter.

please explain the validity of notice.

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Devajyoti Barman (Expert) 07 March 2015
The respondent is taking hyper technical plea which has no merit and the case would be dismissed in HC for sure.
Ask the HC while dismissing the revision to direct lower court to dispose of the suit in a time frame manner.

ajay sethi (Expert) 07 March 2015
the fact is notices were served to respondent . case has to be fought on merits not techanlities

Nadeem Qureshi (Expert) 07 March 2015
notice has been received by the respondent either in form or otherwise, hence on this ground his case is too weak.

fight the case on merit.

Rajendra K Goyal (Expert) 07 March 2015
Agree with the expert Devajyoti Barman.

T. Kalaiselvan, Advocate (Expert) 10 March 2015
The set aside case filed by the respondent before the high court can be challenged on receipt of notice for that and get it dismissed being a very weak and flimsy reason. The respondent is having remedy, if any, only before the trial court by contesting the case against and not by adopting such cheap tactics of approaching high court for setting aside etc.

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