Informa Pauperis - Notice

G. ARAVINTHAN (Querist) 13 April 2009 This query is : Resolved
In a Pauper Suit, we use to send notice to Government Pleader.

Is it mandatory to send notice to District Collector ?

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PRAKASHCHANDRA MARU (Expert) 13 April 2009
when any suit is against the government it is mandatory

Ashey (Expert) 13 April 2009
exemption from service of noctice can be availed by filing an exemption petition

navendu kumar (Expert) 13 April 2009
When you are sending a notice to the retainer advocate of a particular client, then there is no need to give a separate notice to that client.

N.K.Assumi (Expert) 13 April 2009
Details can be found in Order XXXIII of the Civil Procedure Code of 1908.

Y V Vishweshwar Rao (Expert) 13 April 2009
The Service of Notice on the Local Govt Pleader is sufficient notice to District Collector who represents the Sate .

G. ARAVINTHAN (Querist) 14 April 2009
Thanks. But the Govt Pleader takes notice only on behalf of the District Collector.

But District collector need not be a party to the pauper proceedings sir. Is there a citation to add collector as a formal party?

RAKHI BUDHIRAJA ADVOCATE (Expert) 14 April 2009
I do agree with my Ld. Friends.

Y V Vishweshwar Rao (Expert) 15 April 2009
In all the Pauper suits the Govt role is in respect of the Court fee -aspect - whether the plaintiff is really a pauper or not - in all the Paupers suits the Noice will be isused by the court to the Collector on behalf of the Govt to file counter / report about the means of the Plaintff - whether Govt is party or not

G. ARAVINTHAN (Querist) 15 April 2009
Thanks

SANJAY DIXIT (Expert) 20 May 2009
When you have made proper service to govt pleader it is sufficient. Govt pleader is representing the state.

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