Likelihood of defendant leaving the current address

859 votes

You may file an application once your case is registered in the court of law. Your case should have been listed by now if filed in December, it must be pending in defect and will not get listed unless the defects are cured. You may share the diary number with us to get the current status and tentative date of listing.

Advocate Avinash Gaur LawRato

705 votes

Hello. As a practicing advocate in Delhi Courts, I must point out that the timeline you are experiencing is highly irregular. In Patiala House Court, or any District Court in Delhi, when a fresh civil suit is filed, it does not take months to be allocated. The allocation is done and the case is listed for its first hearing (showing the date and court) within 24 to 48 hours.

Advocate Ujjwal Sharma LawRato

554 votes

Hi there, generally the delay of such long is questionable. So at first you must consult the lawyer who has filed the case and ask him for a reason for the delayed allocation. The best option you have to get the summons issued is to firstly check for reasons of delay and work on it accordingly. It's advisable to contact me and provide details as to your case along with filing no. to assist you better.

Advocate Ishan Parashar LawRato

757 votes

The normal practise is that as soon as it is filed it is listed before the appropriate court the very next date. It is rather unusual that you filed it in December and it still hasn’t been listed. Please share the case details with me. I will be able to assist you better. Feel free to reach out to me.

Advocate Keshav Mann LawRato

524 votes

Since your suit has already been registered but not yet allocated to a specific court, the matter is likely pending at the scrutiny/administrative stage before assignment by the District Judge. Here are the practical legal options available to you: Mentioning Before the District Judge / Filing an Urgency Application You (through your advocate) can file an urgent mentioning application before the District & Sessions Judge, Patiala House Courts, requesting early allocation of the suit to a competent court. In the application, clearly state: • The suit is registered but not assigned • There is apprehension that the defendant may leave the address • Urgent issuance of summons is necessary Courts do consider such administrative urgency requests. Application for Urgent Summons After Allocation Once the case is allocated, you can immediately: • Press for issuance of summons under Order V CPC • Request service through multiple modes (ordinary process + speed post + email if available) Seeking Simultaneous Modes of Service Under Order V CPC and Delhi High Court practice directions, you may request: • Ordinary service • Speed post/registered post • Courier • Email/WhatsApp (if number available and court permits) This reduces the risk of defendant avoiding service. Application for Substituted Service (If Risk Is Real) If you have material showing the defendant is deliberately avoiding service or likely to abscond, you can later seek: • Substituted service under Order V Rule 20 CPC • Newspaper publication However, substituted service is generally allowed only after normal service attempts fail. Filing Application for Interim Relief (If Applicable) If your suit involves property, money recovery, or injunction, you may file: • Application under Order 39 Rules 1 & 2 CPC (for injunction) • Application under Order 38 Rule 5 CPC (attachment before judgment, if there is real risk of disposal of assets) If there is serious apprehension that the defendant may dispose of property or evade decree, attachment before judgment is a strong remedy.

Advocate Yuganshu Sharma LawRato