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Arun Kasturi (AS)     17 December 2018

Query regarding summon for judgement

I learned there is such a suit called summary suit through your website. And i am in trichy Tamil Nadu and i filed a first summary suit through my lawyer, but he has no knowledge about the case. Sir i will be grateful if you can solve my following doubts. 1, How to apply for summon for judgement ? ( is it through IA or Chamber summon or notice of motion or is there any other specific procedure ) if it is any of the above said can you provide me a draft for application for summons for judgement. 2, When to apply for summon for judgement ? ( do i have to apply when my case got numbered or do i have to apply after the summon has been served for appearing within 10 days or is it after the defendant has filed his appearance ?) 3,How will the summon for judgement be served ? ( will the plaintiff has to give it to the defendant or does it has to be sent through registered post or will it be served by the bailiff or will it be given by the judge after he files his appearance in 10 days ) I am asking this above questions because my lawyer has absolutely no idea about the summary procedure. And there has been no precedents of summary suit being filed in trichy civil court. I will be extremely grateful if the esteemed lawyers can help with the aforesaid queries


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 5 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     17 December 2018

If you are not satisfied with your advocate then you can always change your advocate. No drafts are provided here. 

1 Like

Suri.Sravan Kumar (senior)     17 December 2018

change the counsel first and let your case handly by an experienced one.

Kumar Doab (FIN)     17 December 2018

Enagage a very able LOCAL counsel specializing in such matters.

Your existing counsel has informed you that he has no knowledge of such matters/not handled such matters.

You could have avoided engaging him/her and thanked him/her for his/her straighforwardness.

Kumar Doab (FIN)     17 December 2018

 

 

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Civil/Summary suit   matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Civil/Summary  matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.

 

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

 

However; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.

Obtain proper legal opinion in writing.

N.K.Assumi (Advocate)     19 December 2018

Summary Suit is provided under Order XXXVII of the CPC, simple and very effective means in suits. It is a self contained procedures, so follow that.


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