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Gurdip Singh (Accountant)     25 January 2026

Written statement in rfa

I filed an in person RFA in a partition matter in the Delhi High Court in August 2025. The case was listed for three months later with the Registrar. Summons were duly served by mid September 2025. However, none of the two affected parties filed a reply or turned up in December 2025 when the matter was taken up by the registrar. Now, summons have to be sent again to the parties. This was done in January. However to date there has not been any response. Now, at the next date before the registrar in April, what will happen if the parties don't respond but come and seek time on one ground or the other. Summons have been served in person, by email as well as whatsapp. 



 10 Replies

Dr. J C Vashista (Advocate )     26 January 2026

If you are sure regarding proper service of respondents, you may file an affidavit to this effect.

after service of the responent if the respondents do not put up appearance they shall be declared as ex-parte and  your appeal shall proceed before the Court concerned.

1 Like

T. Kalaiselvan, Advocate (Advocate)     26 January 2026

Well advised by learned senior expert advocate Vashista Sir.

I endorse his views and suggest you to file AOS supported by acknowledgement card in case of private summons were taken on the orders of high court. 

1 Like

Dr. J C Vashista (Advocate )     27 January 2026

Thank you so much Sh. T Kalaiselvan ji for endorsing my opinion and views.

1 Like

P. Venu (Advocate)     27 January 2026

There is no necessity of filing any reply or written statement in an Appeal.

Once the service has been completed, the case would be placed before the Judge 

1 Like

Gurdip Singh (Accountant)     28 January 2026

Dear Shri Venu,

If other parties don't need to file reply or WS, then on what basis will they argue their case ?

Surely they have to take a position before the judge, and this must be in a written form.

Surely there must be a limit to how much time is given to them to file a reply ? 

It has now been almost five months since service and there is nothing on record except my appeal

P. Venu (Advocate)     28 January 2026

Has the RFA been numbered? If yes, what is the case number? Whcih court?

Gurdip Singh (Accountant)     29 January 2026

Yes Sir, It has been numbered ... sadly I cannot reveal it without revealing the entire case. But please be assured I am telling the truth. It was numbered, admitted and summons were issued and served correctly. The Registrar then took it up and asked me to send summons once again for NDOH, by all means. I did so. By regulay method, by email as well as by Whatsapp. Parties cannot deny receiving it because they are on record having asked a question or two. 

As for the court, it is one of the two courts which deals with these matters. So, all that is in place. I just need to anticipate what will likely happen now.

Thanks

T. Kalaiselvan, Advocate (Advocate)     30 January 2026

There is no  written statement to be filed in the appeal suit. Once the case is listed for hearing, if the summons were served or if you have filed the affidavit of service before the court confirming the services of summons, then the court after hearing the arguments of the appellant may pass orders in the absence of the respondent based on the merits in the appeal. 

1 Like

P. Venu (Advocate)     02 February 2026

Originally posted by : Gurdip Singh
Yes Sir, It has been numbered ... sadly I cannot reveal it without revealing the entire case. But please be assured I am telling the truth. It was numbered, admitted and summons were issued and served correctly. The Registrar then took it up and asked me to send summons once again for NDOH, by all means. I did so. By regulay method, by email as well as by Whatsapp. Parties cannot deny receiving it because they are on record having asked a question or two. 
As for the court, it is one of the two courts which deals with these matters. So, all that is in place. I just need to anticipate what will likely happen now.
Thanks

Your profile reveals that you are in the habit of posting imaginary queries. May be you are setting question papers for us.

Gurdip Singh (Accountant)     03 February 2026

Shri Venu,

You are entitled to your view. My profile may not reveal anything but that does not mean my question is not genuine. I have received reasonably satisfactory responses from many above, including from you, Sir. I cannot reveal my identity or my case details as it could lead to the respondents doing something against my interest. 

Others have responded in good faith - without wishing to know my identity and for that I am grateful. This is a voluntary forum and it is not necessary that a lwayer responding is always looking to land the case. 

 

But thank you for your responses anyway. 


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