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Need advice regarding my case


08-Jun-2023 (In Property Law)
I file a case of possession and matter is some person written power of attorney from my father in January 2000 and defendant transfer this property in his family in April 2000 .my father was suffered from mental disorder from January 1999 to July 2014 and I have legal medical certificate from government homeopathy hospital. Defendant not received first summon I file case in March 2017
Answers (3)

Answer #1
692 votes
Dear queriest,
It could be many reason like he might shifted from that place, or summons recieved back unserved to name the few.
The process is court will issue summons to the defendants again. And for some teasons to be recorded defendants fail to appear in the said court you can ask for application under section 5B. If still defendents is still at par court has to proceed exparte.
It is pertinent to mention here that court can issue summons attachment summons etc.. before proceeding exparte.
Answer #2
935 votes
Dear your question is not clear. If you are asking for not receiving first summon then there are alternative mode of service of summon such as, display of summon of conspicuous part of his locality by the order of court or publication as well. On the other hand if your question is regarding the success rate of your case then you have good madical proof, but you have to prove sufficiently to the court by producing relevent evidence along with medical record and doctor. Evidence of docot is most important to nullify the transfer of proerty. Chances are bright to success this case. Thanx
Answer #3
825 votes
Well never mind if he has not received the summons he will receive the court will ensure he receives summons.

Now u have filed case what is ur problem.

U have engaged Advocate what his advice. Follow his advice.

U would have been advice so follow that, just since ui have put query I tell u when is under disability he cannot give consent for free will. As he does not know what he is doing.

Follow ur Advocate. The best cource for u.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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