Summary suit and summons for judgment.

soniya (Querist) 11 February 2013 This query is : Resolved
Respected members,
i have filed one summary suit in the year 2010. the defendant was served though court belief.
In the said suit the defendant has not filed his appearance. There after defendant's through there lawyer took out chamber summons to condone the delay of 48 days in filing their appearance.
In high court judge has absolute the chamber summons and condone the delay.
Actually i being the advocate of plaintiff was not aware with the proper procedure of summary suit hence could not file summons for judgment at that point of time.
Now i took out summons for judgment along with affidavit. The defendant's advocate has taken objection for the same and court has directed me to take out notice of motion for condoning the delay in filing said summons for judgment.
This is to also inform you that defendant has not filed his written statement till date.
My query is that whether court will condone the delay as on the ground that i am not aware with the procedure or almost 2 years delay in filing the same.
will you please help me with the connected JUDGMENT on this issue.
Thanks for giving your valuable time to answer my query.

Thanks.
Adv. Soniya.

Follow Query

Report Abuse

ajay sethi (Expert) 11 February 2013
once you file summons for judgement defendant will file his reply . only if court is convinced that prima facie case is made out would leave to defend be given . read provisions of order XXXVII of CPC