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Rachna   07 March 2019

Order to vacate premises.

Questions:
- What are the contents of summons, is it standard or ?
- what is the prime duty of the bailiff
- can we take over the house by putting new locks. even if the person is out of country on work visa.
- will the needful be done after issuance of summons or everything will be action ed the same day.



Learning

 2 Replies

Suhail suhail (LAWYER)     07 March 2019

Yes Standerd.

The summons defined under  Section  61 of Cr P C 

61.Form of summons.

Every summons issued by a Court under this Code shall be in writing, in duplicate, signed by the presiding officer of such Court or by such other officer as the High Court may, from time to time, by rule direct, and shall bear the seal of the Court

Summon;

A summons is a legal document that is issued by a Court on a person involved in a legal proceeding. When a legal action is taken against a person or when any person is required to appear in the court as a witness in a court proceedings, to call upon such person and ensure his presence on the given date of the proceedings. 

Bailiffs are responsible for executing the orders of the court and managing the assets that the courts took control of. They maintain and implement the oredr of the court.They are higher than the pocess servers in functions and powers. 

It is not advvisable to do any act  except with the prior permission or under the directions of court.

 

.If the court is satisfied that the service is complete it will proceed to hear the case as per the procedure. Need some details of case.

 

Rachna   18 April 2019

Hello Mr Bilal,
Hope you are doing in the best of your spirits.

We according to the court executed the order and  went to defendants house asking him to vacate the house on 27th march 2019. However he showed resistance. He then appeared in the court on 12 April asking for stay order, when we had to inform the court that this happened with us.

- the judge did not take the case as it was not maintainable and told him to properly apply for the case.
- secondly she told that bailiff has to give the statement on the next date 10 may 2019.

Question:
- is the judge obligated to hear him out for stay order inspite of the decreed case which is already in the stage of execution
- what do you according to your vision think the judge will do on the 10th may 2019.
- id the case comes to her court will she first address to the stay order request and then proceed with the execution case.
- one of my original documents is on the file with the court. it is the main document which made me win this case. do you think it will be safe in the court custody or shall I ask for returning it to me after applying for the certified copy.


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