Interlocutory Summons.
Querist :
Anonymous
(Querist) 26 June 2011
This query is : Resolved
Meaning of Chamber Summons and Interlocutory Summons.
Difference Between Judge's Summons and Master's Summons.
What do u mean by fact can be physical, as well as, psychological fact. so what does the actually psychological fact means as per the Indian evidence act, 1872.
THe above point make me more confused tell what it is ?
prabhakar singh
(Expert) 26 June 2011
Pre-trial applications are commonly made before a trial. These applications are known as interlocutory applications and they are made by filing a Summons-in-Chambers (SIC) in Form 62. Such applications can be heard ex-parte (no other parties being served with the application) or inter partes (one or more parties being served with the application). The summons is addressed to the other party informing him of the date of hearing and the grounds of the application. The summons is usually supported by an affidavit. Depending on the nature of the applications, SICs can be heard by the Registrar or the Judge of the High Court in chambers. SICs before the Registrar are heard in chambers on Mondays, Wednesdays and Fridays. SICs before the Judge of the High Court in chambers are heard on Wednesdays and Fridays.
Examples of Summons-in-Chambers applications include:
Discovery Proceedings
During discovery proceedings, parties reveal to each other documentary evidence that has bearing upon the issues in the case. This way, parties are alerted to the causes of action they will have to meet. Each party draws up a list of documents in their possession, custody or power relating to any matter in question between them in the action and serves this list on the other party.
If parties are unable to agree on the need for, or extent of discovery, an application may be made to the court to determine the matter. If the court deems that discovery of documents is not necessary for disposing fairly of the action or for saving costs, no order will be made. Otherwise, the court will order discovery.
Summons for Directions
Summons for Directions occur at the time when parties need to determine what further step need to be taken in order to effectively prepare for trial. Directions pertaining to the filing and exchanging of affidavits, the number of witnesses a party may require, and the number of days a case may require are decided at this stage. Parties will also need to agree on specific evidence such as expert advice or photographs to be used in trial.
Request for Further and Better Particulars
Where the opposing party is of the view that the pleadings served on them contain insufficient information or are unclear, they may wish to file an application seeking for further and better particulars to be furnished.
Contested Interlocutory Summonses Listed Before a Judge and Appeals to Judge in Chambers and Contested Interlocutory Summonses Listed Before a Master for More Than 30 Minutes
1. The directions in paragraphs 2 to 12 hereinbelow must be complied with for:
(1) all contested interlocutory summonses listed before a Judge for 30 minutes or more, except interlocutory injunctions (which will continue to be governed by Practice Direction 5.3), and appeals to Judge in chambers; and
(2) all contested interlocutory summonses listed for more than 30 minutes before a Master for oral hearing or disposal on the papers.
prabhakar singh
(Expert) 26 June 2011
I don't care if you think your posts are fun and interesting, but don't call them facts.
it is a
psychological fact.
