Legal notice received but not complied /replied
Suraj Kumar
(Querist) 15 December 2023
This query is : Resolved
Sir,
I have send one legal notice to XXX for refund of money. The notice was duly received and not complied / replied.
Based upon this I have file a money suit. The OP did not take summon and post office endorced as intimation served / unclaimed. OP remaining absent in Court.
Sir,
1) Is non reply of legal notice prove that allegations is true ?
2) If ex-party order is passed by the court, will it be absolute ?
3) Can such ex-party order be stayed later on?
kavksatyanarayana
(Expert) 15 December 2023
1. No. Non-reply to a notice is not a proof. The opposite party or their lawyer may attend court. 2. Yes. 3. the absent party may have the right to challenge and seek the reversal of the order under specific legal provisions. This process, often governed by the Civil Procedure Code in various jurisdictions, allows the absent party to present compelling reasons, such as improper service of summons or a “sufficient cause” for non-appearance. The goal is to ensure that justice is served and that both parties have a fair opportunity to present their cases, ultimately safeguarding the principles of fairness and due process in the legal system.
Advocate Bhartesh goyal
(Expert) 17 December 2023
( 1 ) No, you have to prove by cogent evidence that you had lent money to him.
( 2 ) yes,until and unless the order is not set aside by court.
( 3 ) yes, if opposite party shows sufficient cause for his non appearance on hearing dat such order may be set aside/stayed.
Suraj Kumar
(Querist) 17 December 2023
For staying of ex-party order, is court free ( as required for money suit) is to be paid by opposite party?
Advocate Bhartesh goyal
(Expert) 17 December 2023
No, opposite party has to file petition for setting aside ex-parte order/judgment alongwith stay application.
T. Kalaiselvan, Advocate
(Expert) 17 December 2023
If you have filed the money recovery suit and the defendant prefers not to attend the court even after receiving the summons through court and post, then the court will set him exparte.
After that you will be required to file exparte evidence and then the court will pass a judgment.
Subsequently you file an execution petition to execute the court judgement as per procedures of law.
First of all follow the court procedures properly through your lawyer, you will understand the details involved in it.
