Court proceedings
Alapati Prasad
(Querist) 17 December 2011
This query is : Resolved
In a civil suit, we have filed recall petition. When we tried to give notice to the otherside counsel, he refused to take notice and asked us to handover after the court no. is given. The same matter was putforth before the Justice. It was informed by the justice, I can not deviate the rule position, 1st u issue notice to the otherside counsel or the parties then only court will take the recall petition. The otherside parties did not turn up to the court. The other side counsel refused to take the notice. What is the correct rule position?
Dayananda Gowda
(Expert) 17 December 2011
If the other side counsel on record has refused to receive the notice or copy of the petition, you can file a affidavit in respect of refusal before the court