Process in suit to issue notice to other side
M Satyanarayana
(Querist) 12 September 2016
This query is : Resolved
Sir,
In a partition suit AFTER PRELIMINARY DECREE how many times depositing of process is issued. If the process is ordered for deposit and same is pending can court ask the cousel to deposit the process again when the other side counsel has withdrawn vakalat while earlier process is pending for issue of warrant for advocate commission and police protection. Can court either close or dismiss the applcation for dividing the suit schedule property as mentioned in the decree. I was made to believe that in a partition suit court cannot order process deposit at every stage because the suit is still pending for final decree.
Please kindly advise what is the correct procedure in court.
Thanking you,
M.SATYANARAYANA
Devajyoti Barman
(Expert) 13 September 2016
I am not sure about the query.
Anyway the final decree proceeding is initiated after issuance of fresh summons.
Unless the service of summons is completed the court ask issuance of summons once again.
Raj Kumar Makkad
(Expert) 14 September 2016
Partition suit has two separate and independent phases. One is preliminary decree and another is final decree. Your preliminary decree stands passed and thereafter the lawyer for the opposite party has withdrawn his Vakalathnama so court is justified to summon the respondents afresh. had their lawyer still representing his clients, court would not have sent notices afresh and in that case the notice through lawyer was sufficient.
M Satyanarayana
(Querist) 14 September 2016
Please accept my sincere thanks Shri Raj Kumar Makkad Advocate for good and correct reply
Thank U once again.
M.SATYANARAYANA
Rajendra K Goyal
(Expert) 21 September 2016
Agree with the expert raj kumar makkad.
