Dipen (Manager) 07 October 2013

No response to court summon

I have filed a partition suit against 15 members of my family and close relatives for getting my fair share of property. It has been well more than 4 months and none of them have responded to court summons.I have even approached each one of them personally but none of them have shown any interest in responding to court summons , since they are already enjoying the property in dispute.Court summons were issued to them in first week of June but till date there has been no response.

Please advise as to how soon ex party proceedings can be issued against them in court. If there are other alternatives please let me know.

Thanks

Dipen Yadav

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3 Replies

Sarvesh Kumar Sharma Advocate (Advocacy) 07 October 2013

File an application before the trail court to publish the summon in recognised news paper

Dipen (Manager) 07 October 2013

But can the court start ex party proceedings.I have heard that there is time limit of 3 months for a party to submit his or her response to a summon issued by court.Failing which court can issue ex party order.

Bharatkumar (ADVOCATE ) 07 October 2013

Mr. Dipen

If summons received by him/her/them and he/she/they are not give any answer then court start ex-party proceedings but if summons are not received or return with any mark then u give a application for publish the summon in recognised news paper.