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Is there any limitation period for summoning in miscellaneous petition
26-Mar-2023 (In Civil Law)
Is there a limitation period for issuing summons for a civil court for a miscellaneous petition. Can a court issue summons 8 years after the case is registered. Here case was registered in 2004 and first hearing came up in 2012. Is that allowed as per court procedure?
Sir,
The summons will be issued immediately once the case was filed. If you perused the order sheet of such case , you may see the same. The court will never do delay in issuing summons.
But as a subject matter, if the impleading application was filed to do certain person as a necessary party, it may issue summon to such person at any stage. It depend on the presentation of such application.
In your case, you must see the order sheet and confirm the reason for making delay in issuing the summon. Each and every stage will be recorded in the order sheet.
The summons will be issued immediately once the case was filed. If you perused the order sheet of such case , you may see the same. The court will never do delay in issuing summons.
But as a subject matter, if the impleading application was filed to do certain person as a necessary party, it may issue summon to such person at any stage. It depend on the presentation of such application.
In your case, you must see the order sheet and confirm the reason for making delay in issuing the summon. Each and every stage will be recorded in the order sheet.
Helpful?
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Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
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Perse there is no limitation for the court to issue summons - It depends on the court proceedings - you can take a look at the order sheet to understand the delay - you could also challenge it in an appellate court depending on the situation
--- Advocate C V Srinivasa
--- Advocate C V Srinivasa
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How can a case be registered in 2004 and the first hearing be in 2012, is it that both the court and petition forgot the case for 8 years, please verify the records, there may be some mistake by you in verifying the records.
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Adv. Bharat Narasgouda
Belgaum | 500+ Answers
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