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finpro consultants (CEO)     16 January 2018

Summary suit

I had filed summary suit wherein the defendant did not file his appearance. I filed evidence. The Court kept the matter for exparty order on next date. On the date of the order, defendant's advocate apperared with delayed condonation. To avoid procedurial delay, I did not objct. Thereafter the defendant again failed to file rely/mandatory submissions in 10 days. I request for guidance on the steps I should take to counter the delaying tactics of the defendant without letting matter stretched further. Also please advise if I can now request the learned Megistrate to give ex-party order before next scheduled date. i am very sure that if I wait till next date, defendant will come up with another delay condonation and if I object, it will prolong matter. If I do not object, I am spinelessly suffering abuse of process by Defendant. Please advise.



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 6 Replies

G.L.N. Prasad (Retired employee.)     16 January 2018

This is the same suffering for most of the litigants and this is exact reason for such delay in deciding the cases.  Your local advocate is the best person to decide, as it depends on his reputation with the concerned judge, for expediting the process through filing IA.

finpro consultants (CEO)     16 January 2018

Thank you Mr Prasad for your guidance. Does IA mean Intervening Application.

R.K Nanda (Advocate)     16 January 2018

pray to court to struck down defence of defendant and fix case for exparte evidence

finpro consultants (CEO)     16 January 2018

Thank you Nanda ji. I had filed evidence and thereafter it was kept for orders. Till the order date , defendant did not appear. Then again after delay conditions at that stage, no submissions in 10 days.

Vijay Raj Mahajan (Advocate)     17 January 2018

Why suffer, tell the court this is delaying tactics of the respondent/defendent in Summary Trail where after recording your evidence the order should be passed, rather court is assigning them dates to apply for leave to defend and still they are seeking more dates which should not be allowed. The court should make order and issue decree against the defendent so that you can recover your dues from him without further delay.

N.K.Assumi (Advocate)     17 January 2018

The court is only dancing to the tune of the defendant, defeating the objects of Summary Suit and very unfortunate. The law on this score is very clear as to what steps should be adopted by the court in summary suit.


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