rajindia (owner) 04 January 2014

Summons - should it have the plaintiff's name on it?

I have recently received a summons, but it does not have the name of the plaintiff. It only provided the IPC clauses 452, 504, 506, but not the actual case details.

It is from another district. If say for example, the summons is issued from another state for that matter, how the defendant can be expected to travel all the way without even knowing who the plaintiff is and what the matter is?

Please advise on the following:

1) Is it my right as defendant to know who the plaintiff is even before I travel to the court in another district?

2) Is it my right as defendant to know what the case is about other than only the IPC clauses even before I travel to court in another district?

Kindly advise. Thank you.

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3 Replies

2BHelpfull (Other) 04 January 2014

A summons is a formal notice given to the defendant that a lawsuit has been filed against them.

In plain terms, the summons acts as an instruction guide for the party to let them know exactly what to do next. It will state what day they need to appear in court (if appropriate) and the proper address and time frame to respond to the complaint with an answer.

but as summons has been issued, u have to attend the court .if u donnot attent the court Arrest warrent May be issued .

it is advicable to do some enquiry in the court about the case by urself or by engaging a Lawyer.

rajindia (owner) 04 January 2014

Thank you sir for your reply.

As requested, is the summons not expected to inform me 1) who the plaintiff is and 2) what the actual charges are? Because it only has IPC section numbers mentioned in it. Please advise.

Best regards.

Rishi 28 December 2020

Hi, We are the tenant who were renting a shop over 40years. The shop owner put the lock overnight by involving the local police with an intention to get the shop back from us. Somehow, we broke the lock and open the shop again, but the shop owner managed to file a case against of us (10 members in family, and one of my workers). we received a notice from the court which has IPC 147, 452, 427, 447, 323, 120-B. We are now working with our local lawyer to get a bail, but seems difficult. Can I have some advise or solution to follow? we certainly don't want to get behind the bars. In addition- our worker whose name was in FIR, has left the work and runaway from the town. Can this create a problem for us? We also worried that shop owner may put his locks again the shop overnight. any remedy for the same ? Thanks and Best Regards

Ris