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AMARJEET (DEPUTY MANAGER)     26 May 2010

SUFFICIENCY OF SUMMON

A PLAINTIFF IS NOT MAKING THE SUMMON SUFFICIENT TO ONE OF THE DEFENDANT TO DELAY THE PROCEEDINGS. AND ANOTHER DEFENDANT WHO APPLIED FOR PAPER PUBLICATION AT HIS COST BEFORE THE HON'BLE COURT IS OBJECTED BY PLAINTIFF IS KEPT FOR HEARING. IN THIS CASE WHATS THE REMEDY ??? COULD THE MEMBERS HELP ME !!!



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 3 Replies

Ayush (Advocate)     26 May 2010

your question is not clear as i think you are confused between plaintiff and defendant. The plaintiff is a person who files a suit before the court and he pays to get the publication done in order to summon the defendant in the court of law. if you are correct than please elaborate your question?

adv. rajeev ( rajoo ) (practicing advocate)     26 May 2010

There is no chance filing an application by the defendant for paper publication of summons and plaintiff is objecting for it.  I think you are confused.

It is the duty of the plaintiff to go for substitute service by means of paper publication if one of the defendants is avoidng the service of summons.

AMARJEET (DEPUTY MANAGER)     29 May 2010

Dear sirs,

Infact i use to think like this that i am confused ! but our judicial system is like this.I am one of the defendants against whom the plantiff's suit relies upon. the suit is about specific performance built on an unregistered agreement to sale. The defendant against whom i want to make paper publication is absconding since 2006 and the plantiff does not want that the summon should be sufficient for which he can protract me in legal battle for some more period. He is the key person (POA) who has executed unregistred agreement to sale(with possession) in favour of the plantiff. The agreement to sale is fabricated by making forged signature of the defendant therefore, he doesnot want that the summon should be sufficient.

Also i would like to make clear that the unregistered agreement to sale is fabricated with the collusion of the above said defendent 4.

I have purchased the land from the true owners who are defendent no.1 & 2 and i am 4.

kindly help me in this matter. 


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