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Sathish   28 September 2024

Private notice to defendants

In Pronote case,  I'm the Plaintiff.   Defendant and his Advocate are absent for many hearings, so court set Exparte.  In next hearing, my lawyer is going to file IA Petition to receive Additional Documents.  for this Petition, Do we have to send private notice to Defendants while the case stage is Exparte Evidence?

In another Pronote case,  Defendant and his Advocate are absent for many hearings, and the case stage is Plaintiff side Evidence.  In last hearing, my lawyer filed IA Petition to receive Additional Documents,  for this Petition, Do we have to send private notice to Defendants?



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 8 Replies

Dr. J C Vashista (Advocate )     28 September 2024

Yes, for any new document / application the plaintiff /defendant has to serve it to defendant / plaintiff.

Are these two different pronote cases ? Whether you (plaintiff) are in the business of money lending ?

1 Like

Sathish   28 September 2024

yes, two different pronote cases
I gave Loan to my distant relative

Do we have to send private notice to Defendants even when the case stage is Exparte Evidence?

T. Kalaiselvan, Advocate (Advocate)     28 September 2024

You cannot send private notice to defendants without court permitting you to do so during the pendency of the civil suit.

You can send the copy of the petition to the defendants by the process of court.

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Advocate Bhartesh goyal (advocate)     28 September 2024

When the matter is sub juice,you can not send any private notice to defendant, if court deems fit to send notice to defendant thenthe same will be sent by court and not by you.

Sathish   28 September 2024

Thanks all for your replies.  what I meant was:

1) case stage is Exparte Evidence
In next hearing, my lawyer is going to file Petition to receive Additional Documents
for this Petition, Does court of law requires to send notice to Defendants when the case stage is Exparte Evidence?

If Defendant receives notice, he might again appear and drag the case.

2) In another Pronote case,  case stage is Arguments.  Defendant and his Advocate are absent for many hearings, but case is not set to Exparte.  my lawyer already filed Petition to reopen Plaintiff side Evidence  and Petition to receive Additional Documents, Judge put check n call

for this Petition, Does court of law requires to send notice to Defendants, when Defendant and his lawyer are absent for many hearings?

T. Kalaiselvan, Advocate (Advocate)     28 September 2024

  1. Any petition is filed, the court will instruct the petitioner to give notice to the respondent, if the respondent is set exparte then the court may send the notice to the respondent through court and post to the respondent.  This is a mandatory procedure of law.  If the defendant is appearing before court and again drags on the proceedings then you should take steps to pressure the court to dispose the petition expeditiously.
  2. In the second case since the defendant has not been set exparte, then your advocate can give notice to the defendant's advocate directly instead, if the advocate refuses to take notice then you can send the notice to the defendant through court.
1 Like

Sathish   29 September 2024

Thanks for your information

Dr. J C Vashista (Advocate )     29 September 2024

The court shall direct the applicant to file process fees for issuance of notice to non-applicant / defendant, if required, accordingly you / your counsel will have to proceed. However, you cannot interact directly with the defendant qua a sub-judiced matter, except where it is specifically provided in law/ procedure.


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