Recovery suit
Advocate M J
(Querist) 03 October 2011
This query is : Resolved
Good Afternoon Respected members
I had filed a suit of recovery of money before the hon'ble court. Since several dates the defendant lawyer is not submitting his objection nor the defendant has appeared before the court.
Now under which section can i file a application before the court to fasten the case so that the defendant lawyer will file his objection early instead of tagging the dates and compel the defendant to appear before the case.
Thank you
ajay sethi
(Expert) 03 October 2011
have you filed a summary suit? where are you located .
if defendant has filed his appearance have you takne out summons for judgement?
if defendant has not filed reply the court may not grant time to defendant when the case appears on baord for hearing .
it is in your interest that he does not file a reply .
Arun Kumar Bhagat
(Expert) 03 October 2011
Written Statement has to be filed within 90 days from the date of service of summons.
Sailesh Kumar Shah
(Expert) 03 October 2011
If ws is not received within stipulated period, pray to court for ex-parte.
Advocate. Arunagiri
(Expert) 03 October 2011
If the W/S is not filed within the time the court will normally proceed further for recording evidence and will dispose the case exparte.
RAJU O.F.,
(Expert) 04 October 2011
Pray to the Court to deny further opportunity for the Defendants to file their Written Statement/objection and proceed for arguments and decree.
J K Agrawal
(Expert) 05 October 2011
Go early in court. Look at file seriously. Meet the reader of court and place the file before presiding officer instead of reader. count previous dates and make a chart. Prepare an application with facts and move it before the court. Apply for order sheet of file and say in court indirectly that you have no option but to go to high court. Then prepare a list of cases in tabular form of cases of that court lingering on. Send informative latter to the High Court and mark a copy to the court also and so on.....
It is not a big task the main reason for delay is your self you.
