Attachment before judgment
SANKET UPADHYAY
(Querist) 13 July 2017
This query is : Resolved
Dear sir,
There are four respondent in the suit of recovery of dues.Respondent no.1 is a Private limited company and Respondent no.2 to 4 are board of directors of the company. The summons were duly served to the all respondent and Respondent no. 2 &3 were appeared before court but Respondent no.1 and 4 were not appeared before the court therefore the court has given 'EX PARTY' order against Respondent no.1 &4 .
Now the question is If the Plaintiff of the suit file an Application for Attachment before Judgment ,then the Honorable court has bound to issue the summons of the application to Respondent no.1 &4 ( Ex Party order has already given against Res.1&4)
R.K Nanda
(Expert) 13 July 2017
court will send summons of said application to all 4 defendants.
Advocate Bhartesh goyal
(Expert) 14 July 2017
Petition u / o 38 r 5 of cpc [attachment before judgment ] is always separately registered so notices of said petition will be sent to all defendants irrespective of that in main suit ex-parte order has been passed against defendant no 1& 4 .
Rajendra K Goyal
(Expert) 15 July 2017
Agree with the expert advocate Bhartesh goyal.
T. Kalaiselvan, Advocate
(Expert) 18 July 2017
Any fresh application being filed in the existing suit, the notice is to be sent to all the respondents of the case, it is immaterial that a few respondents have been set exparte in the main suit.
