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MASTHAN (Self employeed)     29 June 2011

498A--No remedy till other party receive our notice

 

Hi All,

My 498A quash petition is pending before HC. It is more than a year now that we gone to HC for quash, till now the case is not admitted.

From the last one year my HC advocate sending the notice to opposite party but the opposite party not receiving it  and it is coming to back my advocate as UNSERVED and HC simply extending the interim stay order.

Today I spoke with my HC advocate about the latest update on my case.

1. She said that the notice is unserved and the interim stay is extended.  I clearly told her that , "madam, they are not receiving your notice intentionally and their intention is to drag the issue indefintiely", She said that, "why are  you worrying when we have the stay order", I  replied her saying that "I can't put this case on my head indefinitely",  for that she replied that "we can't do anything till they receive our notice and there is no remedy for this and these are the practical problems", I said that why dont we go for paper notice? She replied that "for paper notice the case needs to come into motion list and everyday there are 450 cases in the motion list , so they dont listen us".


What can I do at this stage? For me it seems she is also trying to drag the issue or she is not aware how proceed legally when they dont receive the show cause notice.

If they dont receive the showcause for another 20 years also then do I need to run around  HC for the rest of the 20 years ?


Thanks,
Mastan


Learning

 5 Replies

Kiran Kumar (Lawyer)     30 June 2011

need not to worry....you should be satisfied that atleast interim stay has been granted in your matter.

 

otherwise, you may serve the other party through a Dasti Process....let there be orders for dasti service....accompany the process server to the place of respondents and ask him to serve the respondents.

 

for detailed procedure visit your local lawyer.

KIRAN_DASS (Retired)     30 June 2011

Mr. Kiran Kumar is very much correct.

You request your advocate to get orders from the court to serve the notice by Dasti  that means you accompany the notice server in person and tell that this is the house and the person whether in house or in office or on road or in plane or in train. You have to help the server "here is the person, please serve her/him."

Siv (engineer)     09 August 2011

If opposite party do not receive notice what is the reason to make the petitioner to suffer and if same this happens then complainnat of the case have great option in Indian Law to extend the false cses for evern without responding for the court notices/orders ...

Saurabh..V (Law Consultant)     09 August 2011

@Author

 

Can you share which High Court is it?

 

Generally there is set procedure for summoning and then issuing bailable and then non-bailable orders against the errant non-responders....

 

//peace

/Saurabh..V

MASTHAN (Self employeed)     10 August 2011

Well,

 

My case is pending in AP High court

 

-Mastahan


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