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akshay (manager)     29 November 2012

Summon

i want to know that  i file a civil suit for permanent injunction & account suit, defandent party not appeared in court, court dismiss permanent injuntion & proceed to account suit EXPARTY , further i appeal in higher Court for revision of  lower court  judgement for dismissing permanent injuntion higher court accept the appeal and ordered that summon issue to diffendant  who is not appear in lower court .

my question is that if defendant is not appear in lower court suit which is proceeds EXPARTY.

it is necessary for higher court to issue summons to defandant .

IF NOT PLEASE GIVE ME NECESSARY ADVICE



Learning

 1 Replies

surjit singh (Assistant)     02 December 2012

There is different way of serving notice/summon to the defendants. And it the court finds that all the reasonable procedure has been followed towards giving notice to the defendants the court may order for proceeding with the suit exparte.


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