I have received the following order from the court what will do now
Pal
(Querist) 08 December 2010
This query is : Resolved
IN THE COURT OF ASST CITY CIVIL AT MADRAS
SUMMARY SUIT NO. .....OF 2010
IDBI Bank
..................
.................. ..plaintiff
versus
My Self ....Defedant
Whereas the above named has instituted a suit against you under XXXVII of the code of civil procedure 1908, for Rs. 96,380/- and interest you are hereby summoned to cause an appearance to be entered for you, within ten days from the service hereof in default where the plaintiff will be entitled after the expiration of said period of ten days to obtain a decreee for any sum not exceeding the sum of Rs.96,380/- and the sum Rs.96,380/- for costs, together with such interest if any as the court may order.
If you cause an appearance to be entered for you, the plaintiff will thereafter serve uponyou a summons for judgement at the hearing of which you will be entitled to move the court for leave to defend the suit.
Leave to defend my be obtained if you satisfy the court affidavit or otherwise that here is defence to the suit on the merits or that it is resonable that you should be allowed to defend.
Given under my hand the seal of the court this ........ day of 2010
Counsel for Plaintiff Judge
Jayashree Hariharan
(Expert) 08 December 2010
this is called summons. the judge is telling you to appear before him and present your case......... whether you agree with Idbi or no. pls approach a lawyer in your place and he/she wl guide you.
Pal
(Querist) 08 December 2010
Thank you so much for your reply.
R.Ramachandran
(Expert) 08 December 2010
Dear Mr. Pal,
You have to enter an appearance within 10 days from the date of receipt of the said notice.
When you enter such a notice, then the plaintiff will give a copy of the case. Thereafter, if you have proper defence for the same, you have to apply to the Court for grant of leave to defend. If your grounds of defence are believable by the Judge, then he will grant a leave to defend. Once the leave to defend is granted, then the case will turn into a normal Suit for recovery of money.
IF THE LEAVE TO DEFEND IS NOT GRANTED, then the Court will pass an order against you.
Kirti Kar Tripathi
(Expert) 08 December 2010
yes, in legal term it is a summon issued by the court to party to appear and present his case.
