Should I issue writ of summons or not

Hello

I had done extensive research in an exactly similar case a few months back. The provision related to the summons is given in Section 27-32 and Order V of CPC. The intimation sent to the defendant to appear before the court is called summon.

It is not necessary to issue summons when the defendant is in court at the time of presentation of the plaint and admits the claim.

The court date is fixed thereby in front of parties or advocates. However, since it has now converted into a commercial suit and if both the plaintiff and defendant had marked their presence hence the requirement of summons can be waived off. Make sure to attend proceedings on time as the limitation is strict in commercial matters.

You can send your queries to me at ykumarmehrotra@gmail.com

So now infront of the prothonotary and senior master, Bombay High Court do my advocate have to file a praecipe to take case on board and request for its adjudication in due course or should I wait for the Court date to automatically come? I want to get my case started at the earliest so that the defendants are ordered to file written Statement.

I understand your question. Since you want to start your Litigation ASAP, there must be some urgent issues. Henceforth an Interim Application requesting the Court to take up the issue could be filed.

Since Defendant has not been ordered to file a WS yet, I want to know a few more details in order to give an exact solution. I am asking this as I am well versed in commercial disputes.

1. The Stage of the matter.
2. Orders passed as on the last dates.
3. Has Defendant appeared before Bom HC? 
   1. If yes, then when and what was the order passed

You can also send me the details at my email id or over a telephonic conversation whatever suits you better.  

Vague and confusing facts and query can not lead to form proper opinion and oblige.

Since you have already stated to have engaged a prudent lawyer what is his / her advise ?

I want to know that in Bombay High Court when date is not given when a new commercial case is registered, should I request date via praecipe or should I wait for the date to come automatically since I don't have any reasons for urgency?

Hello

You should wait.

Originally posted by : Maya Singh

Dear Sirs,My pauper petition (indigent person suit) has recently been converted to commercial suit after payment of Court fees at Bombay High Court. Though the copy of plaint was already served in 2013 to the defendants and affidavit of service filed in the Court and the defendants were also coming in the pauper petition. My question is as per the formality writ of summons should be issued or not in my case since the defendants are already coming. If not issued how will the case proceed? (how will I get Court date?) or can the writ of summons be issued in my case? My advocate is not sure what to do. Please if yours learned can help me I shall be highly obliged.

1. Can you issue any of the 5 "writ" provided in Article 226 the Constitution of India, as I could not find ?? 

2. I hope you under the concept of "writ" where as "writ of summon" is new connotation for me, please elucidate.

3. The defendants are already stated to have appeared in response to summon, they are required to submit their written statement followed by replication, adimission and denial of documents, framing of issues, and after plaintiff and defendant evidence final arguments and judgment is pronounced, what is the stage of your suit ???

4. Why did you retain the advocate who is unable to proceed as per prescribed procedure / law.? Replace him / her with some prudent lawyer.