forumuser (a) 09 October 2013

Writ petition

Hello,

Writ Petition under Article 226 of Constitution of India has been filed at Bombay HC against my friend, an individual, in relation to certain property dispute. The opposite side lawyer has done service at the old address of the said individual. The said individual has shifted to another city over 6 months back.

In the above situation, does the said individual need to defend the writ petition? The aforementioned service was accepted by neighbour of the said individual.

Appreciate your early replies.

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5 Replies

(Guest)

Accepting the notice by his neighbour doesn't give assent that he had accepted the same. So, it's better to resend the fresh notice to his current address.

VIRAJ KADAM (Advocate Supreme Court of India) 14 October 2013

Dear Friend

First of all, how is Writ against individual on property matter maintainable. That too Writ under Article 226.

Anyways, I will advice you not to avoid service for too long. The court may proceed with the matter ex-parte. I guess you would like court to pass order after hearing you and not in your absence. Take a decision accordingly.

Regards

VIRAJ KADAM

Advocate, Supreme Court of India

Sudhir Kumar, Advocate (Advocate) 16 October 2013

whether the notice was send by post.

Ms.Nirmala P.Rao (CEO) 17 October 2013

I don't think the Writ is maintainable at all in the first places, Writs can't be filed against private individuals.They can be filed against public authorities only as per the Constitution of India.

shamataneja (Advocate) 21 October 2013

you never avoid service of any court proceedings because the matter shall be proceeded exparte

Writ petition

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