Summary suit

Querist : Anonymous (Querist) 21 August 2011 This query is : Resolved
A private party has filed a summary suit against me with forged bill of exchange . As per the law Once the Summons is served upon the defendants, he has to file his appearance in the court within 10 days from the receipt of summons.
Unfortunately The address was that of my another office so i got the summons late by nearly 20 days (now a days i sit in another office in the metro).

Can i still file the vakalatname and defend my case ?

Regards

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Devajyoti Barman (Expert) 21 August 2011
In Bengal there is no such Rule. Check whether in your State whether any special provision is made for summary suit.

ajay sethi (Expert) 21 August 2011
yes in bombay there is such a rule . you have to take out chamber summons for condonation of delay in filing appearance . court will permit you on payment of costs

Querist : Anonymous (Querist) 21 August 2011
Thank you all for your kind help just a small question if judge dosen't agree and Passes the decree can I appeal against the order . The opposite party is a vexatious litigant and been misusing this process of summary suite since years .

regards

ajay sethi (Expert) 21 August 2011
you will have to take out a motion for setting aside exparte decree order .

Querist : Anonymous (Querist) 21 August 2011
thanks sethi sir , i have already engaged a lawyer so it wont be a exparte decree what should i do in such circumstances

Devajyoti Barman (Expert) 21 August 2011
You have to apply for leave to defend the suit which may be allowed provided you deposit part of the amount claimed in the suit.

Advocate. Arunagiri (Expert) 22 August 2011
The court will set exparte or will proceed further only receiving the proof of service.

In your case, if you have received the summons after the hearing date, the court can not set exparte.

The court will issue fresh summons. Any how you have appointed an advocate, he will take care of it.