Civil Procedure Code (CPC)

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Lawyer notice

Querist : Anonymous (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?

Regards
Guest (Expert) 05 August 2020
Court had allowed " Private Notice " in your case . You must attend the Court Hearing and Proceed with the case.Discuss with an Local Advocate
Dr J C Vashista (Expert) 05 August 2020
Repeating same query time and again shall not change opinion and advise of experts.
Sudhir Kumar (Expert) 05 August 2020
The opposite party has done his duty to inform you. Now if you do not appear or oppose then he has a cakewalk.
Shilesh Patel (Expert) 05 August 2020
It is deemed you got the information of the case as private notice, according to me you should appear to the court on the date mentioned.
SHIRISH PAWAR, 7738990900 Online (Expert) 05 August 2020
Hello,

If you have any reason to avoid the advocate notice then you can wait for court notice. Otherwise attend the court on the date mentioned in the notice. It will be in your interest.
Rajendra K Goyal (Expert) 05 August 2020
Engage a competent lawyer, appear on the date fixed, oppose the prayers and save your interest before the court.
P. Venu (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.


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