Hi,
It would be great if you could help me to defend myself against a court summons issued to us and the summarised facts of the case are as follows,
My father owns lorries and providing transportation of goods service.
In Nov 2020 my father expired due to severe health issues and did not intimate us about any debts owed by him.
We have received a call from Owner of Fuel station starting that, my father has owed to him towards the fuel which was used for Lorry Vehicle and has forwarded written bills and the bills were appears to be signed by my father on WhatsApp and the amount involved is nearly Rs.1 Lakh.
We denied that claim as we are not aware of this and sign on bills appear to be doubtful.
Couple days ago, we have received summons from court stating a specific date by which we need to appear in court otherwise the matter will be decided exparte.
Request you to please guide me to proceed further and my questions were as below,
1.Whether a hand written bill signed by my father ( where sign appears to be doubtful) constitute legally binding contract.
2.Can plaintiff can directly approach court and issue summons without first sending notice for recovery and whether the message sent on WhatsApp mean anything.
3.What is the procedure to be followed to defend my self in this case.
Thanks.
Chandra
Contact a local advocate, get copies of such receipts and compare them with your records. By engaging a local advocate you have to establish ignorance of the bills and deny the existence of debt and the documents filed by petitioner/plaintiff scrutiny and arrive to logical reasoning in deciding the case rests on such a competent court.
