Copy of plaint or complaint

Guest (Querist) 07 September 2011 This query is : Resolved
Crpc section 204 (3) and CPC order V Rule 2 provides that every warrant or summon issued to defendant or accused shall be accompanied by a copy of complaint or plaint, but in practical the above material are not being provided to the accused or defendant. the copy of above material only made available if some money tendered to the assistent staff of the court.This malpractice shouldn't be stopped? please indicate the releif that how can a normal people get the full document for his defence

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adv. rajeev ( rajoo ) (Expert) 07 September 2011
Yes it is necessary in civil and criminal cases to enclose the copy of the plaint and copies of documents or complaint copy along with the summons to the defendant or accused.
In case of private complaint you will get the copy of the complaint, but state cases you wont.
If you have not received copy of the plaint or complaint you can submit before the court, it will supply the same to you.

Advocate. Arunagiri (Expert) 07 September 2011
It is a common practice of the courts. The parties on their appearance can get the copy.

Advocate Bhartesh goyal (Expert) 07 September 2011
Not providing copy of plaint/complaint alongwith summons is merely a irregularity and not illegality and does not effect on service of summons on defendant/accused.concerned party can make objection in this regard in court and court will pass appropriate order to provide the copy of plaint/complaint.

Guest (Expert) 07 September 2011
I agree with the opinion of experts.

prabhakar singh (Expert) 07 September 2011
Expert : Advocate Bhartesh goyal has spoken in appropriate words.

Raj Kumar Makkad (Expert) 07 September 2011
I also do agree with Bhartesh.

girish shringi (Expert) 09 September 2011
nOW days are nearing when we expect that malpractices will be over.

Arun Kumar Bhagat (Expert) 11 September 2011
The accused shall get an opportunity to seek adjournment on the ground of non-receipt of copy.

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