Can a defendent service summon?
Swarna kamal Chandra
(Querist) 25 January 2018
This query is : Resolved
I filed an ejectment suit against my tenant on ground on defaulting in paying rent, alternate accommodation, reasonable requirement and unauthorized construction and alternation of suit premises. I got exparte decree and put it ito execution. After execution with the help of police and court officials the judgement debtor entered into the dectreetal premises forcefully with the help of local hooligans. one of the judgement debtor also filed a Misc. Case and said that they had no knowledge about the enactment suit. Now the petitioner of the misc case made us as defendent and their brother (who received the summons) and married sistes made proforma defendant. At present the proceedings is "S/R A/d of the proforma defendant" . In this way the petitioner of the misc case is wasting time. Though it is the duty of the court to serve summons, generally advocates send the summons at their own cost in the name of the leaned court. Now I want to know can I ask the court to allow us to serve the same at our own cost?
Advocate Bhartesh goyal
(Expert) 25 January 2018
Court permission is not required you just give your presence through your counsel,it will be deemed service of summon.
adv. rajeev ( rajoo )
(Expert) 25 January 2018
I agree with learned experts. In my opinion Misc., case is not maintainable because against the judgement and decree defendant has to file an appeal in the appellate court
Dr J C Vashista
(Expert) 27 January 2018
Well advised by experts, I agree.
Nothing more to add.
