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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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How many times summons will be issued?
If the court does not receive a reason for the summons, it will be sent two or three more times. The college will then issue a warrant for bail or no bail against the accused. You are in serious trouble now because the police are after your and you need to cancel the arrest warrant at the lower or higher court.
What happens after 3 summons?
In criminal cases, if 24 summonses are not answered, the Court will issue an Non Bailable warrant against the person. This will be sent either to the Court Police station or the Jurisdictional Police station depending on how far the address of the accused is from the court.
What is the rule 4 of order 5?
A person is exempted from appearing in court under Rule 4 of Order 5. This applies if he does not live within the local jurisdiction of the court or. He lives more than 200 miles from the court. 13-Oct-2022
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.
Helpful?
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Adv. Bharat Narasgouda
Belgaum | 500+ Answers
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