Summon received- specific relief and interim injunction
Querist :
Anonymous
(Querist) 17 March 2020
This query is : Resolved
I received a summon from Delhi High court where plaintiff had instituted "suit for specific performance and permanent injuncion" against 6 defendants. I am one of the defendant. The summon asks me to appear before Joint registrar in court (and to appear before HC on a later date) to answer all material questions and to answer the claim. Also it is asking me to file a written statement within 30 days. It is also directing me to file an affidavit of admission/denial.
I do not want to be involved into all this. I want to know what will be the consequence if I do not appear in court? Is there anyway I can ask for leave on this date? Do I need to take help from legal professional to reply to this summon?
Rajendra K Goyal
(Expert) 17 March 2020
It is advisable to engage a prudent lawyer and oppose the claim effectively.
If you do not appear, court would move ex-party and your interest would be at risk. You can lose your chance to say at later stage.
We do not advice to avoid summons.
Raj Kumar Makkad
(Expert) 17 March 2020
In case you do not appear and avoid the notice, the claim of the plaintiff can be got allowed. You know better, whether you shall lose any right in that event or not. If you are not at loss in any event, if the claim of the petitioner is allowed then you may do so whatever you have opined otherwise the advice of expert Goyal is required to be followed.
KISHAN DUTT KALASKAR
(Expert) 19 March 2020
Dear Sir,
If you do not approach all the prayers if they are supported by necessary documents will be allowed in favour of the plaintiff. If such reliefs are allowed and you do not get damages to any of your rights then you may leave the suit to go ex-parte otherwise engage a lawyer and contest the case.
Rajendra K Goyal
(Expert) 20 March 2020
You said:
do not want to be involved into all this.
Our Comment:
You have not mentioned specifically the reasons for not so wanting.
You said:
I want to know what will be the consequence if I do not appear in court?
Our Comment:
The case may be decided without ex-party may be against you. Your interest may be at risk.
Rajendra K Goyal
(Expert) 20 March 2020
You said:
Is there anyway I can ask for leave on this date?
Our Comment:
You can prey court to give another date to appear with your lawyer. Court may or may not agree. It is better, engage a lawyer and proceed as per his advice. He can give advice suitable to your case.
You said:
Do I need to take help from legal professional to reply to this summon?
Our Comment:
It is better and advisable.
T. Kalaiselvan, Advocate
(Expert) 20 March 2020
If the plaintiff has impleaded you in this suit for specific relief sought against you then it becomes your duty to defend your interest.
If you don't defend yourself then the court may set you exparte and the relief sought agaisnt you by the plaintiff may be granted to him against your willingness in your absence, by which you are obliged to obey the court order to pave way to the plaintiff to avail the relief granted to him by court against you.
If you feel that this may not be very important and the departed orders passed against you will not affect your interests in any manner, then you can remain silent after receiving the summons.
You may better contact a local advocate and seek his advise based on the background facts for all such further issues..
Rajendra K Goyal
(Expert) 21 March 2020
However, if you feel, by losing this case / by ex-party decision against you, if you do not appear before the court, you are not going to lose any thing / interest you may choose to stay away.
Even in such condition also, it is advisable to appear / engage a lawyer and defend the case.
