affidavit
arun bansal
(Querist) 28 April 2010
This query is : Resolved
if def'dant not appeared before the court but present after the application of O 5 and stated that he has not received the summons. but in WS file by def'dant the same address on which the summons were sent attached alongwith affidavit verified by the advocates. What proceeding initiating against the lawyer and client for contempt of court.
Raj Kumar Makkad
(Expert) 28 April 2010
Once the plea of the defendant accepted by court that he had not recieved the notice of the court and allowed it to file his written statement then there is no scope left with the plaintiff to initiate any action against such defendant. The plea of the defendant was that he did not receive the notice of the court. It does not mean that he has some other address. Nothing has been suppressed by such defendant and you cannot derive anything out of this situation.
Peruse case on merits rather wasting time on such petty issues.
