637+ Lawyers are online 
What happens if person does not come after receiving summons
07-Mar-2023 (In Property Law)
I have filed a suit against my father asking for my share in ancestral property. On the day of first hearing my father came to court and asked for time (2 months)to produce necessary documents, which was granted by the court. So the court fixed another date but my fatehr didn't come to court.And summons has been sent to my father to come What may be the reasons that my father not coming to court. If he does not come even after giving summons what will happen
If I understand you correctly, after you filed a suit for partition, the Court issued summons to your father. Your father appeared (I am assuming that he appeared through a lawyer) and sought 2 months time to furnish documents, and also to file written statement (another assumption).
Your query now is that your father did not appear 2 months later, and what is the next course for you. Well... if your father failed to appear either by himself, or through a lawyer, the Court will consider his written statement (that will be the response he will be filing to your plaint, or your allegations) and proceed to frame issues.
Issues are framed by the Court to decide your dispute. If he still fails to appear, the Court will record your evidence, and post it for judgment. This, however, is an unlikely scenario, which might occur only if your father does not want to contest the suit. Your father might appear at a later stage and file the necessary documents. You should consult your lawyer to understand the process.
Your query now is that your father did not appear 2 months later, and what is the next course for you. Well... if your father failed to appear either by himself, or through a lawyer, the Court will consider his written statement (that will be the response he will be filing to your plaint, or your allegations) and proceed to frame issues.
Issues are framed by the Court to decide your dispute. If he still fails to appear, the Court will record your evidence, and post it for judgment. This, however, is an unlikely scenario, which might occur only if your father does not want to contest the suit. Your father might appear at a later stage and file the necessary documents. You should consult your lawyer to understand the process.
Helpful?
12+
12+
Adv. Vijay Belavadi
Bangalore | 100+ Answers
Chat
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
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.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
