Without case number summon is valid or not

Rajesh Kumar (Querist) 19 May 2012 This query is : Resolved
In phone bill payment case u/s 138 by lawyer want to understand without CASE NUMBER in summon is genuine summon or fake summon for collection of payment

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R.K Nanda (Expert) 19 May 2012
Without case number summon is invalid,

Shonee Kapoor (Expert) 20 May 2012
Rightly said.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

DEFENSE ADVOCATE.-firmaction@g (Expert) 20 May 2012
You have to take pragmatic view in such problems.

Summons may have been prepared by the court clerk and given to advocate who posted it without checking the details.

Now suppose you may declare it invalid than what is the remedy available, NOTHING, ABSOLUTELY NOTHING.

Since on the particular day the case will be on board and on non appearance further steps will be taken.

ashutosh mishra (Expert) 20 May 2012
If a person can ascertain from summons the court ,parties and date on which it is posted, omission to mention case number can not render it illegal.

venkatesh Rao (Expert) 22 May 2012
Assigning a number to a case is for the unique identification. Non mention in summons does not render it invalid. it is just an irregularity which can be set right.

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