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Srinivas (Director)     31 August 2010

Summons

Dear Experts,


Summons have been issued without a copy of the plaint. The suit filed by the plaintiff is a frivolous suit.

 

1. When will bonafides be looked into by the Judge?

2. Is it recommended to make a prima facie case of the suit being meritless & non-maintainable at the preliminary hearing or is this a waste of time?

3. What are pros & cons of brining witness during hearing of summons?

4. Summons were issued for "Settlement Of Issues". Is there anyway to force summons for "Final Hearing" since the suit is completely "Meritless"?

 

thanks,

 



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     31 August 2010

When summon issued without the copy of the plaint it is your duty to submit before the court to regarding non receipt of the plaint.

Only after receipt of copy of plaint you will have to file your written satment.  ONly aftet filing WS issues will be filed.  In the WS you can take a contention   that r suit is not maintainable and you have to show how it is not maintainable. 

If you have already filed WS and issue is framed  as " Suit is not maintainable" it can be heard as preliminary issue if touches the jurisdiction of the court.

I have not heard hearing of summons. After filing WS next state is framing of issues thereafster evidece of plaintiff starts and so on defendants.

Srinivas (Director)     31 August 2010

Dear Rajeev,

Thanks for the guidance. We will make a case for maintainability of the suit in the W.S as suggested. There was an earlier guidance (in a diff thread) suggesting we can file an I.A for maintainablility subsequently.

In my question, "Final Hearing" should have read "Final Disposal" as stated in Order V, Rule 5 (Cut & Paste below): (I made a typo).

Order V, Rule 5

5. Summons to be either (1} to settle issues, or (2) to ascertain whether the suit is contested or not or (3) for final disposal.-The Court shall determine, at the time of issuing the summons, whether it shall be-(1) for the settlement of issues only, or (2) for the defendant to appear and state whether he contests or does not contest the claim and directing him, if he contests, to receive directions as to the date on which he has to file his written statement, the date of trial and other matters, and if he does not contest, for final disposal of the suit at once; or (3) for the final disposal of the suit; and the summons shall contain a direction accordingly:

Provided that in every suit heard by the Court of Small Causes, the summons shall be for the final disposal of the suit."

 

Question:

1) When does a court (other than a small claims court) issue summons for "final disposal"?

 

thanks again,

 

Srinivas

Rupesh Porob (Clerk)     25 August 2014

i want to draft the appeal. Order passed on 23/7/2014. when will be my last date of filing the appeal. Also want to know how the days are counted


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