Notice service in 340 crpc

PARTHA SARKAR (Querist) 03 March 2012 This query is : Resolved
1. Kindly advise if advocate of the opposite party volantarily accept the court summons at the open court in presence of Ld. Presiding Officer can they pray for rejection of petition on the ground of service of notice not as per provision of law?

I am quoting the para "That the service of the said application can not be accepted as good service and in accordence with the provision of law".

"Under the aforesaid circumstances the said application is liable to be rejected with heavy cost to be paid to the opposite party/wife, considering the aforesaid grounds, otherwise the opposite party/wife
will be seriously prejudiced."

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Raj Kumar Makkad (Expert) 03 March 2012
The ground taken in the reply to the application is nothing but a mockery of law. Even if no proper notice was sent to the party concerned but that chapter has been closed. Once a party is replying, it means it has properly been given notice.

The application cannot be dismissed on this ground.

Shonee Kapoor (Expert) 03 March 2012
:-) :-)

God Bless the person who raises such objections.

Regards,

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

Guest (Expert) 04 March 2012
Perfect advice by S/Shri Makkad and Shonee kapoor.

Even otherwise, what is the actual problem with acceptance of summons by the advocate of the opposite party in the court itself?

V R SHROFF (Expert) 04 March 2012
ONCE Appear IN COURT, MATTER IS CLOSED.

Advocate receives it. in majority cases, no one object it.

prabhakar singh (Expert) 04 March 2012
Yes after appearance in case no party is entitled to fresh summons or notices separately.party lawyers are authorized to receive such things on behalf of their clients as terms laid in vakalatnama.

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