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VRK (business)     16 March 2025

Court notice without plaint copy

Sir/Madam,One of my friend recieved a court notice from district court recently, his close relative filed a petition, but notice has no plaint copy. Actually that court also has no teritroial jurisdiction. Now what my friend do? file vakalath in that district court? get plaint copy? or directly file a writ of prohibtion district court related state  high court without plaint copy?  we feelling if my friend file counter with district court, the court has no teritorial jusrisdiction, court may prolong take decision on teritorial jurisdiction, so we are thinking file writ of prohibition, is it correct? please give your views on this.



 5 Replies

R.K Nanda (Advocate)     16 March 2025

your friend should get a lawyer for him and appear in court with his lawyer on date fixed and your lawyer demand copy of plaint .

No need to file writ petition at this stage.

You can raise objections about territorial jurisdiction in your written statement. 

T. Kalaiselvan, Advocate (Advocate)     16 March 2025

If he received the summons let him appear before the court either in person or through an advocate and first get the copy of the plaint, peruse the same and then decide further course of action.

Advocate Bhartesh goyal (advocate)     16 March 2025

Summons of suit delivered without copy of plaint is mere irregularity, your friend may demand copy of plaint on date of hearing and thereafter raise objection regarding jurisdiction. 

Dr. J C Vashista (Advocate )     17 March 2025

I agree with the opinion and advise of learned experts.

However, what is your concern/locus standi / worry / problem about the summons of a case stated to have been served to your "friend" ? 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     17 March 2025

Here are some steps your friend can consider:

 Immediate Actions - *

Obtain a plaint copy*: Your friend should request a copy of the plaint from the court or the petitioner's lawyer. This is essential to understand the allegations and respond accordingly.¹ -

 *Verify territorial jurisdiction*: Confirm whether the court indeed lacks territorial jurisdiction. If so, this could be a strong ground for challenging the notice. Potential Courses of Action -

*File a vakalath*: If your friend decides to respond to the notice, filing a vakalath (a document authorizing a lawyer to represent them) in the district court might be necessary. However, this could be seen as submitting to the court's jurisdiction. - 

*File a writ of prohibition*: If your friend believes the court lacks territorial jurisdiction, filing a writ of prohibition in the state high court might be a viable option. This could prevent the district court from proceeding with the case.² Important Considerations - 

*Consult a lawyer*: It's crucial for your friend to consult with a lawyer who can provide guidance tailored to their specific situation. -

 *Time sensitivity*: Your friend should be aware of the time limits for responding to the notice and filing any potential writs or appeals.

Ultimately, the best course of action will depend on the specifics of your friend's case. Consulting with a lawyer will help determine the most appropriate response.


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