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Bikas Roy   29 June 2023

Suit under order 39 rule 1 & 2 read with section 151

Property dispute (Kolkata).Father dies intestate.

Recently my brother has sent advocate's letter (suit Under Order 39 rule 1 & 2 read with section 151)to the stakeholders (I,mother , sister) to appear in court on ....,has sought interim injunction. He has grabbed  more than his share in ancestral property, and at the same time seeking legal protection! He has been sending multiple legal notices (like 144(2) CrPC ,107/116 CrPC etc.).

Can I seek adjournment fo 151 notice? What will happen if we don't appear in the court? 


 6 Replies

T. Kalaiselvan, Advocate (Advocate)     29 June 2023

If you don't appear before court on the date of hearing even after receipt of summons/notice, you will be called absent and set exparte on that day by court and an order granting the relief sought by him for restraining you will be passed against you without your knowledge.

1 Like

Advocate Bhartesh goyal (advocate)     29 June 2023

After being received notice/summon from  court  if you remain absent in court on due date, court will pass ex-parte order against you also grant relief to your brother and restrained you by ad interim injunction. 

1 Like

Bikas Roy   29 June 2023

Thank you .Date may be an issue with the defendants.Can the defendants seek adjournment? If so, what's the process? Thanks

T. Kalaiselvan, Advocate (Advocate)     29 June 2023

Defendants can seek adjournment after attending the court either in person or through an advocate without appearing before court.

Discus with a local advocate and proceed as suggested.

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Dr. J C Vashista (Advocate )     30 June 2023

Presumably plaintiff's advocate has intimated you (defendant(s) through his notice under order XXXIX Rule 3 CPC in compliance qua ex-party order passed by the Court u/o XXXIX Rules 1 & 2 r/w Section 151 CPC , please check through your lawyer.

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Niharika Lohan   30 June 2023

Hi  Bikas Ji, I’m Adv. Niharika and here is my take on your query.

Firstly, it should be understood without saying that whenever you receive a notice or summon from the Court, you must make sure to adhere by it and be present before the Court on the specified date and time mentioned in such summon or notice.

If you remain absent on the date and time you are summoned by the Court then the Court may pass an Ex Parte order against you and the case will proceed in your absence.

As far as an adjournment is concerned then under Order 17 CPC, you can seek upto three adjournments. However you (you or your pleader) must be present before the Court to seek an adjournment. For instance, you are in an institutions such as a school or college and you want to apply for a leave, then you will present the leave application to the teacher before taking the leave, and not after remaining absent. Similarly, Court is an authoritative, judicial institution, whose directions must be complied with. So, I suggest you appear before the Court on the required date and time and then move an adjournment application

I’m attaching links for relevant articles for your convenient reading. Kindly find them below.

I hope this information helps and for further information, you can contact me via email at

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