(Querist) 04 August 2020
This query is : Resolved
I have recieved a lawyer notice for a preemption suit filed against me. But I have not recieved any notice from the concerned civil court along with the suit related documents. Now should I appear on the particular date in the Court. Lawyer notice also mentions that an IA has been filed requesting court to grant interim injunction against alienating the property. Is it alright to skip the first hearing and wait for the court notice/summons? can the court grant interim injunction without court notice being served on me in the first hearing itself based on otherside lawyer notice if i dont appear?
(Expert) 05 August 2020
The facts posted do not suggest that Court has allowed the plaintiff to serve "dasti" service of notice in terms of Order V Rule 9A:
"9A. Summons given to the plaintiff for service.- (1) The Court may, in addition to the service of summons under Rule 9,on the application of the plaintiff for the issue of a summons for the appearance of the defendant, permit such plaintiff to effect service of such summons on such defendant and shall, in such a case, deliver the summons to such plaintiff for service.
(2) The service of such summons shall be effected to or on behalf of such plaintiff by delivering or tendering to the defendant personally a copy thereof signed by the Judge or such officer of the Court as he may appoint in this behalf and sealed with the seal of the Court or by such mode of service as is referred to in sub-rule (3) or rule 9.
(3) The provisions of Rules 16 and 18 shall apply to a summons personally served under this rule as if the person effecting service were a serving officer.
(4) If such summons, when tendered, is refused or it the person served refuses to sign an acknowledgment of service or for any reason such summons is not be served personally,. the Court shall, on the application of the party, re-issue such summons to be served by the Court in the same manner as a summons to a defendant."
As such, in my understanding, there is no need to rush; you may await proper summons from the Court.