When the reply from the defendant will be given to the court?
2 years ago
If the plaintiff wants to get some remedy from the defendant and the plaintiff has sent a notice to the defendant from the court, then the respondent will answer in the court after fulfilling the demands made by the plaintiff or will the answer be given before the demand is fulfilled?
A.This is theoretical question and there cannot be an absolute answer and it depends onto the defendant and also what demand/remedy has been asked. You should bring all your facts together when you are asking question rather than asking questions in bits ans pieces.
If you need proper answer from lawyers then put all the facts together and then ask the question.
If the remedy is critical the defendant will fulfill that first otherwise not.
If you need proper answer from lawyers then put all the facts together and then ask the question.
If the remedy is critical the defendant will fulfill that first otherwise not.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
A Summon is a document issued by a Court to a person or an entity involved in a legal proceeding. The Summon shall indicate the name of the Court before which the person is required to remain present along with the details of the case and the date on which the person is required to appear before the Court.
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A Summon is a document issued by a Court to a person or an entity involved in a legal proceeding. The Summon shall indicate the name of the Court before which the person is required to remain present along with the details of the case and the date on which the person is required to appear before the Court.
If you find my answer helpful then kindly rate me.
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A.Hi,
The notice sent from the act is only a summons notice. It does not mean that the case has been adjudged already. The principles of audi alteram partem are followed in the adjudgment of the case and cannot be defied.
If you find my answer helpful then kindly rate me.
The notice sent from the act is only a summons notice. It does not mean that the case has been adjudged already. The principles of audi alteram partem are followed in the adjudgment of the case and cannot be defied.
If you find my answer helpful then kindly rate me.
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Sidhaarth
Responded 2 years ago
A.If the reply to be filed in pending case in court then respondent has time to file it's reply within 90 days from date of receipt of summons of the court issued in pending case. Otherwise, respondent may or may not file it's reply and plaintiff shall have to file case in court. In fact plaintiff cannot nor has power to sent any notice to respondent as in pending case it is only court who order for issuance of notice and staff sent notice through registered post and process server.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.As and when the Court's process with the copy of the plaint will be served( by post and through Bailiff) upon the Defendant, then through that Summons, the defendant is asked to enter appearance before the Court on the next date( Service Return or S/R phase) of the matter without any direction to fulfill the demand of the Plaintiff.
On that Service Return date the Court will scrutiny from the postal report and /or the Bailiff's Report whether the Service has been completed upon the Defendant otherwise direction will be given upon the Plaintiff for fresh steps upon the Defendant. Defendant is required to file a written statement within 30 days from the date of receipt of the summons and in that Written Statement, the Defendant either admits or denies the claim of the Plaintiff. If the Defendant admits the claim of the Plaintiff then upon fulfillment of the same,by filing the Terms of Settlement, the Suit can be disposed of by consent of both the parties, OTHERWISE the Suit will be continued.
On that Service Return date the Court will scrutiny from the postal report and /or the Bailiff's Report whether the Service has been completed upon the Defendant otherwise direction will be given upon the Plaintiff for fresh steps upon the Defendant. Defendant is required to file a written statement within 30 days from the date of receipt of the summons and in that Written Statement, the Defendant either admits or denies the claim of the Plaintiff. If the Defendant admits the claim of the Plaintiff then upon fulfillment of the same,by filing the Terms of Settlement, the Suit can be disposed of by consent of both the parties, OTHERWISE the Suit will be continued.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Aap ko jabab dakhil karne ke liye 90 din ka time milta hai. Jis din aap ko summon milta us se 30 days phir appearance se 60 days time seek se aap ko 90 days milte hai. Aap ko 90 days ke antargat jabab dakhil karna hoga.
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