Can we file an RCR and stop summons to reach the other party ?
The main aim is to file an RCR and don't show the other party that we have filed and RCR as we are already into out of court settlement ?
R K........ (Analyst) 04 May 2012
Can we file an RCR and stop summons to reach the other party ?
The main aim is to file an RCR and don't show the other party that we have filed and RCR as we are already into out of court settlement ?
MRRpersonality (Knows very little about Indian laws) 07 May 2012
What do you want to achieve @Ramesh ? When you file RCR the court needs to issue summons to the respondent. Court can not act on your petition unless the summons are served, and waited for reasonable time. Some folks have given wrong address of the respondent while filing the RCR and then got a decree after few attempted summons failed. However, the respondent can apply for setting aside the RCR decree showing sufficient cause. The judges are aware that the peitioner wants to as a counterblast file RCR and hence they will definitely not act on your RCR without serving the summons. Most RCR petitions are to avoid 498A or CRPC 125. They have their own advantages, but what you achieve is not much.
If you are very clear on what you want from the RCR petition, then we can discuss more.
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