process of summon on advocate
Vaishnavi
(Querist) 27 August 2017
This query is : Resolved
Sir in the case of recovery of money we are from plaintiff , and defendant lawyer is still not appear before the court the case is fix for return of summon we have filed application under order 3 rule 5 hence I would like to know wether this application is tenebal or not...If yes then provide me citations
Vaishnavi
(Querist) 27 August 2017
Sir plz provide me proper guidance because hon'ble court asked me weather this application is tenebal or not...And asked to provide citations on it
Vaishnavi
(Querist) 27 August 2017
Sir plz provide me proper guidance because hon'ble court asked me weather this application is tenebal or not...And asked to provide citations on it
Ms.Usha Kapoor
(Expert) 29 August 2017
our application under order 3 rule 5 is tenable if defendant's lawyer doesn't appear in court on the date of hearing the case summons and due notice shall be presumed or deemed to have been served on the party/pleader as per Order 3 Rule 5 CPC
which Order 3 Rule 5 of CPC appears in the document
Order 3 rule 5 provision States that:
5. Service of process on pleader.- Any process served on the pleader who has been duly appointed to act in Court for any party or left at the office or ordinary residence of such pleader, and whether the same is for the personal appearance of the party or not, shall be presumed to be duly communicated and made known to the party whom the pleader represents, and, unless the court otherwise directs, shall be as effectual for all purposes as if the same had been given to or served on the party in person.
This expert section doesn't provide any case law or citations or rulings etc.
Dr J C Vashista
(Expert) 29 August 2017
How are you concerned with the query?
What is your locus standie?
No facts provided to form an opinion and advise, otherwise, it is an academic topic for discussion, isn't it?.
Yudhish Padman S
(Expert) 29 August 2017
Dear Vaishnavi,
Since your case is for recovery of money, I believe that you may have instituted the same as a Summary Suit in which case, the Summary Procedure stipulated under Order XXXVII of CPC will be exclusively applicable, subject to O.XXXVII.R.7 of CPC.
If that's the case, your application under O.III.R.5 of CPC is not tenable. The appropriate procedure and relevant provision of law would be O.XXXVII.R.3(2) of CPC.
Regards,
yudhishpadman@gmail.com, Advocate, Chennai.
