Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Bk   29 June 2022

Status in hc two weeks' time is granted to take steps, by way of indulgence

Dear experts, my friend sis appealed in HC after appeal time is completed but later filed condonation petition in 2017 later tried to serve notice to party twice but it returned as door locked, now her lawyer moved the case and the status is as below "Two weeks' time is granted to take steps, by way of indulgence" what action to be taken now?


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 6 Replies

Dr J C Vashista (Advocate)     30 June 2022

Let her counsel be consulted for the vague and confusing facts.

Anila Sabu   30 June 2022

Dear Querist,

The opposing party, who receives the legal notice after it has been served, has the opportunity to amicably resolve the conflict. For the recipient, it serves as a reminder of the legal notification of the actions that, whether purposefully or accidentally, caused a problem for the sender.

Due to the fact that two weeks have been awarded as an indulgence, this means that two additional weeks have been given in exchange for the payment of a debt or the completion of another responsibility.

Now all that you can do is wait for the two weeks to get over, if he/she still does not fulfill the required actions before this granted time period is over then you must notify the High Court who will then take further actions. 

Bk   01 July 2022

Thank you Anila sabu, the fact is the person who went for an appeal was unable to serve notice to the respondent and court gave two more weeks time to take steps by way of indulgence is this means court will close the case if they fail to inform or bring respondent on board to defend the case?

Dr J C Vashista (Advocate)     01 July 2022

The facts posted in the query vis-a-vis response do not match since alleged sis of queriest is stated to have filed an appeal in HC with an application for condonation of delay for that HC issued notice to respondent which is stated to have been returned "Unserved".

Conversely the reply to the query is prima facie qua notice issued by a party to another for settlement of dues, which is just presumption and irrelevant to facts posted, is it so ??????

P. Venu (Advocate)     01 July 2022

to my understanding, the 'indulgence' granted is in the context of further steps in serving the Notice.

Bk   02 July 2022

thank you Venu sir for your valuable reply, since respondent is not reachable is it possible to handover notice in magistrate court where 498a case is going on?

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