Orders
abhimanyu
(Querist) 01 June 2013
This query is : Resolved
Plaintiff filed a civil case against the defendant, who was issued summons to appear on 14.3.2013 before the court. However, the court did not function on that day. The Defendant did not appear on that day i.e. 14.3.2013 and the Plaintiff, who was present, was given 30.5.2013 as the next date by the court staff . However, on 30.5.2013 also court did not function. Again, the Defendant did not appear and the Plaintiff, who appeared was given next date as 2.7.2013 by the court staff. Now questions are
(a) How the Defendant will come to know the date of 2.7.2013 when he did not appear on 14.3.2013 and 30.5.2013.
(b) If the Defendant does not appear on 2.7.2013 also, what action can be taken by the Court in this Civil case.
Adv Archana Deshmukh
(Expert) 01 June 2013
The defendent can get the next date from concerned clerk of the court by visiting the court. Next date can be obtained from the website of the court. If the summons are validly served and still the defendant does not appear then, the court can pass ex parte order against the defendant.
Raj Kumar Makkad
(Expert) 01 June 2013
The plaintiff is required to send the defendant the notice through court for the next date of hearing.
abhimanyu
(Querist) 02 June 2013
From Mr. Makkad's reply, the impression is that in spite of Summons being validly served, defendant can play with the Court for its non-functioning on that particular day i.e. the date when defendant was directed to appear.
Please confirm.
Adv Archana Deshmukh
(Expert) 02 June 2013
I will not agree with that reply, bcoz though a judge is absent due to any reason the 'charge' of that court is always with some other court, so even if the court is on leave, the defendant can file the vakalatnama which will be filed by the 'incharge court' and if he does not do so, then it is a lapse on his part. Once the summons are validly served, no fresh notice of next date is required to be issued to the defendant and it is the responsibility of the deft to keep track of the 'next date'.
Raj Kumar Makkad
(Expert) 02 June 2013
Generally courts before going on leave, do take up the court file in advance and adjourn the case for next hearing for the same proceeding. If the given case is also covered under the same procedure then I firmly stand with the reply submitted by me earlier otherwise the reply of Adv. Archana is correct.
shivam......
(Expert) 04 June 2013
once summon is served on the defendant and it has come to his knowledge that his presence is required by the court in certain matter it is the duty of the defendant to make him available before the court on each date of hearing unless his presence is exempted by the court. if the court is no leave on a particular date it is the duty of the defendant to ask for the next date from the court clerk or inspect the court file or apply for certified copy of the order.court has no obligation to serve him fresh notice for next date of hearing, if the defendant fails of appear despite service court will proceed ex-party against the defendant
abhimanyu
(Querist) 04 June 2013
Normally, it is said that when defendant does not appear, court practically sends summons at least three times before proceeding ex parte. How far it is correct in a normal case where there is no summary trial.
