SUMMARY SUIT: APPEARANCE BY DEFENDANT WITHOUT NOTICE
Dear Members, I had filed a summary suit. The Defendant was served (Although the summon report has not reached the courts) and has entered appearance without giving notice to the Plaintiff. The Court has entered their appearance and directed to file summon for judgment. Is it correct? How can the appearance of the Defendant be allowed without notice to the Plaintiff. I had raised this objection before court, but they didnt listen? What would be the correct step? Should I apply for summon for judgment on next date? Regards
In a suit filed under Order XXXVII of the Code of Civil Procedure, if the defendant enters an appearance in person or a vakaltnama the plaintiff shall apply by Summons for Judgment to the Judge in Chambers for a decree for the amount claimed, together with interest, if any, and costs.
The summons shall be supported by affidavit, confirming the facts alleged in the plaint and stating that in the deponent’s belief there is no defence to the suit. The summons shall be in Form No. 11 and shall be made returnable not less than ten clear days from the date of the service.
The defendant may apply on such summons for leave to defend the suit by filing an affidavit or affidavits, showing that he has a good defence to the suit on the merits or disclosing such facts as may be deemed sufficient to entitle him to defend.
If Defendant does not apply for a leave to defend, (a) the Plaintiff shall be entitled to judgment immediately or (b) the Court may direct the Defendant to give such security as it may deem fit.
So you being a Plaintiff we suggest you to apply for Summons of Judgement.
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