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(Guest)

Case dismissal judgement due to notice not seved

Can someone share me the judgement where court notices are not served in DV private complaint by complainant since 5 years and then case is dismissed. I would appreciate if someone could share me such judgement where a case has been dismissed due to unsuccessfull attempt of summons to opponent.



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 7 Replies


(Guest)

I dont have with me, but you can use the following judgement if it is of any use to you.

 

https://indiankanoon.org/doc/1197301/


(Guest)
Originally posted by : Gyan Prakash
I dont have with me, but you can use the following judgement if it is of any use to you.

 

https://indiankanoon.org/doc/1197301/

 

Sir i sincerely appreciate your efforts in providing me the reference however i am rather looking for something where a case is dismissed when summons are not served consecutively since 5 years. A lower court judge has asked me provide a citiation or reference where a case can be dismissed due to the fact that the complainant is no longer coming to court and also complainant was informed that if no new address is produced or if they don't attend court dates case will be dismissed hence a lower court has asked me to produce such citation or reference where a case can be dismissed.

T. Kalaiselvan, Advocate (Advocate)     30 October 2015

Hope your need has been taken care or fulfilled, you may update the outcome.


(Guest)
Originally posted by : T. Kalaiselvan, Advocate
Hope your need has been taken care or fulfilled, you may update the outcome.

The date is fixed on nov 3 i will post the outcome. However i don't expect the judge to take any action right away. I will just walk in and hand the such citation that judge has asked me to furnish rest is upto him. Either way i will post the update here.

T. Kalaiselvan, Advocate (Advocate)     31 October 2015

@Jon:   No doubt you will not get the judgement immediately, after submitting the said citation, one need to argue based on the citation about the  relevance of this settled law to his case in hand and then the other side will be heard, the court will decide about it on the next date posted for hearing hearing after that.  So it will certainly take time, we shall wait for that until then, it was just an information to you to update the outcome whenever it is made known to you. 


(Guest)
Originally posted by : T. Kalaiselvan, Advocate
@Jon:   No doubt you will not get the judgement immediately, after submitting the said citation, one need to argue based on the citation about the  relevance of this settled law to his case in hand and then the other side will be heard, the court will decide about it on the next date posted for hearing hearing after that.  So it will certainly take time, we shall wait for that until then, it was just an information to you to update the outcome whenever it is made known to you. 

Sure sir i will update whatever is the outcome.


(Guest)
Originally posted by : T. Kalaiselvan, Advocate
@Jon:   No doubt you will not get the judgement immediately, after submitting the said citation, one need to argue based on the citation about the  relevance of this settled law to his case in hand and then the other side will be heard, the court will decide about it on the next date posted for hearing hearing after that.  So it will certainly take time, we shall wait for that until then, it was just an information to you to update the outcome whenever it is made known to you. 

Sir we are given short date and the case is on judgement stage now and once again opponent didn't attend court. I produced whatever judge asked me to produce and i hope i succeed now. Good thing for me is that opponents are not interested pursuing this case.


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