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nitingupta   20 April 2018

Notice not served and proceedings highjacked by someone else


a notice was sent in my name and correct address and the same was received by some unknown person named Mohan Singh.

I don't know who the hell is mohan singh ?

notice sender get his case registered against me in small cause court and get the case decreed exparte against me?

Now I move order 9 rule 13 application to set aside exparte decree.

In my opinion only notice sender knows where his notice is going and at what time his notice reached at the sub post office of the address.

Now in between I have also moved an application u/s order 7 rule 11 for getting the plaint rejected of the plaintiff for non receipt of notice and won't of cause of action.

What else can I do against the plaintiff ?

Please let me know.

Warm regards,


Nitin Gupta Adv.


 5 Replies

nitingupta   20 April 2018

thanks in advance respected members



manoj   20 April 2018

As per your query the plaint can be rejected only where there is no cause of action or barred under any law along with two clauses. In your case plaint cannot be rejected. even to discuss your query already your opposite party obtained exparte decree by playing fraud before the court. First you try to suceed to setaside the exparte decree. when there is no notice to the party the exparte order s will be automatically setaside there is supreme court citation as per the above discusssion. even to discuss giving of notice and taking of notice was clearly explained by our Apex Court. You no need to worry for getting fraud decree befor the Hon'ble Court. You have Provision in CPC to suceeed in this situation.


manoj kumar



1 Like

nitingupta   20 April 2018

Thanks a lot sir,

May I know which rulings of SC governs the law relating to notice prior to the institution of suit especially where the notice aims to create the cause of action. 

I will be heartily obliged to please please please let me know the provisions of CPC regarding the situation but Sir Order V of CPC deals with only the summons which is a stage after institution of suit but not prior to the institution or registration of suit. 

Plainitff sent the demand notice regarding recovery of rent. The notice was received by some unknown person.  

Plaintiff claims himself to be the landlord of premises and he acquire the said immovable property after the death of his father who died intestate and their is also the shares of other brothers and sisters.

Don't know how to get rid of this position. Due to this, my reputation in the market is getting down.

I am a lawyer by profession and the person who is plaintiff is also a lawyer practising at District Court.

Warm regards,


Nitin Gupta Advocate

Contact No. 9411051543




nitingupta   20 April 2018

need advice of other members also.





Seoula Vas (none)     23 April 2018

Dear Advocate,

Mr. Manoj above is correct in suggesting you first set aside ex parte order obtained by committing fraud. If it is found that indeed the Plaintiff knew your correct address and/or you can prove her/him having knowledge of the same, you will succeed in setting aside said order.
You may also initiate criminal proccedings under CrPC Section.340 for Perjury. This can go on simlutaneously as you proceed to obtain order of rejection of plaint as cause of action has not arisen in your case until the demand made by the other party was dishonoured by you.
As far as your reputation in the field goes, perhaps settlement by payment of dues will rest the matter. In any case, you have to have the ex parte order set aside.

- Adv. Seoula Vas

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