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(Guest)

Civil suit -file affidavit -stage

hi i have a civit suit pending in lower court,orissa. case is in trial state. we filed affidvit and cross to be done by defendant as well.but defendant side yet to file affidavit. and it has been three months so far asking for dates.how long can the defendnat take to file affidavit. what needs to be done from my side to get this going.

also, is it required for defednat to file affidavit before they can cross the plaintiff side. please clarify on how to handle purposeful delays caused during trial in case of above sort.



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 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     07 January 2018

if the defendant does not file an answer to your claim, and if the court file shows that service of process on the defendant was completed, the court will schedule your claim for a default hearing. A default hearing is when you come to court to tell the judge about your case and ask the judge for default judgment. When your case is called, the judge will first ask that you be sworn to tell the truth.


(Guest)

thank you.
when you say service of summon, is there a time frame for it. like we have 90days for written statemnet.
how and at what point court decides to go with default hearing... will it be considerd ex parte in nature at this stage of hearing?

 


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