Respondent Copy of the Petition

Querist : Anonymous (Querist) 27 February 2010 This query is : Resolved
Que.1.Why is that Courts are not sending Respondents Copy Along with Summons?

Que.2.What is the Process of Collecting the Respondent Copy (without any Lawyer)once the Petition goes to Court room ?

Que.3.Does the Respondent Get Time to file the Response after collecting the Petition on First hearing from the courtroom?

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Kiran Kumar (Expert) 27 February 2010
the prescribed procedure is the summons shall be accompanied with the petition...in case the same is not received by the respondent/ defendant then may request the court to direct the petitioner for supplying the petition in the court....certainly the court will provide to sufficient time for reply (as provided by the law).

Arvind Singh Chauhan (Expert) 27 February 2010
Follow the advice of Kiran Sir. Supreme court also held that-

When a summon is sent calling upon defendant to appear to file W. S It is obligatory for court to send a copy of plaint and other document thereto- CLJ-2007-Vol-7-SC-266

Sukhija (Expert) 27 February 2010
I agree with above views.

B K Raghavendra Rao (Expert) 27 February 2010
Usually respondent copy is not sent along with summons because in many instances the summons would not be served for reasons like insufficiency of address, addressee left, door locked etc., Therefore, the copy may be got misplaced or lost. Only summons sent.

However, the respondent could get the copy of the plaint filed in the court or seek the same in the court of law from the plaintiff.

Raj Kumar Makkad (Expert) 27 February 2010
I concur with the opinion of all experts.

Parveen Kr. Aggarwal (Expert) 27 February 2010
1. Copy of plaint is sent along with summons and it is mandatory to send copy of plaint for defendant along with the summons.
Order 5, Rule 2 of the Code of Civil Procedure, 1908: "Every summons shall be accompanied by a copy of the plaint."

2. Even if copy of plaint is not received by the defendant then he has a legal right to first get copy of the plaint irrespective of the fact that he is appearing in person or through counsel.

3. Definitely yes. A defendant can seek time to file reply after receipt of copy of the plaint.