Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

deep (deep)     15 August 2015

Not appearing even after summons served

DV case against 4 of family 1 year avoided summons Finally one respondent served summons who appeared in court no1  and told judge sir that he wud bring others on next date Before next date, case was transfered to court no 4 of same courtcomplex Now 2 more dates passed, no one appeared What is the remedy? Is there any section which says punishment for not appearing in court even after receiving summons And for those not receving summons in a case but appearing in other cases in same complex


Learning

 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     15 August 2015

Proceeding in absence of party failing to attend (O. 32, r. 5)
5. —(1) Where any party to a summons fails to attend on the first or any resumed hearing thereof, the Court may proceed in his absence if, having regard to the nature of the application, it thinks it expedient to do so.

(2) Before proceeding in the absence of any party, the Court may require to be satisfied that the summons or, as the case may be, notice of the time appointed for the resumed hearing was duly served on that party.

(3) Where the Court hearing a summons proceeded in the absence of a party, then, whether or not an order made on the hearing has been perfected, the Court, if satisfied that it is just to do so, may re-hear the summons.

(4) Where an application made by summons has been dismissed without a hearing by reason of the failure of the party who took out the summons to attend the hearing, the Court, if satisfied that it is just to do so, may allow the summons to be restored to the list.

deep (deep)     15 August 2015

And sir, what is category 38.13 And about the above reply , thanks sir, but can u pls explain in layman terms I wud be thankful if u pls simplify the ans in the DV Case above

(Guest)

IF summons is not served at all and party wont appear at all, then case will go ex-parte depending upon how much time the court deems fit to wait for the party to appear in court hall.

 

Once the complaint/case goes exparte, then the only option left for the opposite party is to go for appeal in HC. 

In all this nature of the litigancy also depends on success of case.

deep (deep)     15 August 2015

It has been over one year

ANAMIKA VICHARE (LAWYER)     18 August 2015

In  DV case, warrant for arrest cannot be issued for non-attendance, however, the matter is likely o be proceeded for ex-parte hearing, if you are not represented by lawyer


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register