Instituting a case without legal notice
Querist :
Anonymous
(Querist) 03 December 2011
This query is : Resolved
Dear All,
Please reply ...
1) If some one throws a legal notice outside your door (which is very liable to be lost) can some one institute a civil case on you.
2)Can the case be declared ex-parte, if you don't turn up in court because you are not even aware of this.
3) What legal action can be taken, so as to prevent this person from doing it again in future.
Regards
ajay sethi
(Expert) 03 December 2011
1)if legal notice has been served upon Defendant you need proof of service . in the absence of any acknowledement difficult to say that notice has been served unless sent By UCP
2)if suit is filed wirt of summons has to be sent . court insoists on affidavit of service from plaintiff . then only exparte decree is passed
3) make an application for setting aside exparte decree
prabhakar singh
(Expert) 03 December 2011
1]Throwing notice is no procedure ,it has to be handed over against acknowledgement.However every suit does not legally require service of notice.What is the case in which notice was served upon you?
2]No,court will send you summons,then registered notice,if you still remain unserved court will publish summons in news paper and when you even do not turn up ,surely exparte would be passed by court against you.
3]Against whom you are proposing the action is not clear from your post.????
Querist :
Anonymous
(Querist) 03 December 2011
Dear Sir,
Thanks for your prompt reply !!!
1) Where shall I submit the application for setting aside such incidents in future, so that he can not harass me further.
2) After going to court, we have recd a unsigned plaint without any affidavit from the concerned Judge, (where the case was instituted). Can in this manner, any case can be filed. please brief
Thanks & Regards
Advocate M.Bhadra
(Expert) 03 December 2011
Your query is not clear,except some suit Legal Notice is required to file a suit,summon is also a type of notice which is issued by the court and without proper service of summon upon the defendant Court can not passed experte order in favour of the plaintiff.Where an experte order has been passed without proper service of summon, in such cases if the defendant could prove it then Court may vacate the earlier order.
