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VRK (business)     16 March 2025

Court notice without plaint copy

Sir/Madam,One of my friend recieved a court notice from district court recently, his close relative filed a petition, but notice has no plaint copy. Actually that court also has no teritroial jurisdiction. Now what my friend do? file vakalath in that district court? get plaint copy? or directly file a writ of prohibtion district court related state  high court without plaint copy?  we feelling if my friend file counter with district court, the court has no teritorial jusrisdiction, court may prolong take decision on teritorial jurisdiction, so we are thinking file writ of prohibition, is it correct? please give your views on this.



 3 Replies

R.K Nanda (Advocate)     16 March 2025

your friend should get a lawyer for him and appear in court with his lawyer on date fixed and your lawyer demand copy of plaint .

No need to file writ petition at this stage.

You can raise objections about territorial jurisdiction in your written statement. 

T. Kalaiselvan, Advocate (Advocate)     16 March 2025

If he received the summons let him appear before the court either in person or through an advocate and first get the copy of the plaint, peruse the same and then decide further course of action.

Advocate Bhartesh goyal (advocate)     16 March 2025

Summons of suit delivered without copy of plaint is mere irregularity, your friend may demand copy of plaint on date of hearing and thereafter raise objection regarding jurisdiction. 


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