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Anil Jain   15 February 2024

Order vii rule 14 of c.p.c

My 7(2) & 7(1) application were rejected on maintainability ground because the said application was submitted on 28/5/18 and service of summon on 24/4/18 although appeared on 15/5/18. There has been a delay of 4-5 days in filing the application from the date of service of summon . Now as per Order VII Rule 14 the plaintiff is required to serve  all the list of documents mentioned in the plaint with the service of summon to the defendant . I have not been provided the list of documents mentioned in the plaint  and therefore summon served was improper and incomplete . Henceforth court should count the  date from the date of appearance . Want to know whether my argument is valid or not .



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 4 Replies

T. Kalaiselvan, Advocate (Advocate)     15 February 2024

You cannot take excuse that you are not having the copy of the plaint documents.

You can always file a copy applicaiton and obtain the plaint documents if you are really serious over the process of sending the summons.

Your arguments may not stand your ground 

Shashi Dhara   15 February 2024

file miscellanious appeal against the order in appeal court.

Anil Jain   15 February 2024

Ex party hearing OF 7(2) was done in my absence . 

On searching of case record file in the court it is found that list of document mentioned in the plaint were not annexed and availble with the plaint in the case record file . That means it was not provided by the plaintiff. 

As per WBPT act  a defendant is to file 7(2) within 1 month from the date of service of summon and if summon not served than 1 month from the date of appearance . 

 if i can prove that summon was incomplete or not properly served in that case it will be counted from the date of appearance and in that case there is no delay in filing the 7(2) application if counted from the date of appearance . 

high court of Gujarat - Civil appl no.15878 of 2021 - Yogi infrastructure pvt ltd vs RMC Redimix (India )  passed by Justice N.V.ANJARIA & SAMIR J. DAVE - Annexure, documents necessary components of plaint, must be supplied under Order XXXVII RULE 3(1)

 

 

T. Kalaiselvan, Advocate (Advocate)     15 February 2024

You can discuss with your advocate and proceed as advised by your advocate in furtherance.


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