Raj Kumar (Self Employed) 28 July 2018

Limitation for civil case kept w/o sending notice to defendt

One party has filed a false civil suit against me and some others before 3 years. Since then he has not sent any notice or service to me and status shows 'unready notice' on the court web site. But the case still shows pending. How long one can keep the case dormant like this without sending me notice. Is there any limitation to it? What should I do ?

Regards

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4 Replies

R.Ramachandran (Advocate) 28 July 2018

Why are you so interested. Why dont you wait till such time you get a notice. When the plaintiff himself is not bothered, it is not clear why get unnecessarily bothered.

Raj Kumar (Self Employed) 30 July 2018

Thanks sir, I got to know that sometime people manage the service of notice assuring the court that notice is served to the defendant whereas it is not. And get ex-parte orders agaisnt the defendant. Is it possible? and how can I prevent that risk?

Regards

R.Ramachandran (Advocate) 30 July 2018

You are able to see through electronic means the status of the case. Keep on watching at periodical intervals and see what the Court order says. If it says that the notice has been served on you and on that basis further proceedings are taking place, then get in touch with a lawyer and take steps at that stage. But keep on watching the court website to know the status of the case.

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Raj Kumar (Self Employed) 31 July 2018

Thanks sir. I had a civil suit in mumbai and I did not appear for three consecutive dates, it got dismissed for default. Then I had to restore it back after paying some fine. Why it is not being dismissed here yet it is longing till 4 years without any progress.??

Regards