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Steps against a issue of summons in matter which is not maintainable


12-Jun-2023 (In Civil Law)
i want to know if there is any judgement of supreme court or any high court which is related to "a judge should not issue summons to the defendant/respondent in which the matter is not maintainable". Like if u/s 14(1)(e) DRC Act the judge should not summon the defendant if the rent value in the suit is Rs 80000 per month.
Answers (3)

Answer #1
858 votes
There are more than 100s of judgments regarding this and i can also help you to get the case disposed of. But for that you have to book an appointment and meet me for the consultation. Because that will require a lot of research work.
Answer #2
769 votes
Hi, Judges are taking appropriate steps before admission of a case and in issue summons. There are some other mandatory facts must be missing. But if you feel it than go for revision against order summoning orders.
Answer #3
598 votes
If this is the rent claimed in the petition its lf by the claimant then you can file an application under O7 R11cpc for rejection of the petition since drc doesnot cover such rents. It is a well settled law and simply you can submit a judgment which states that drc doesnot cover cases which include such rents.

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