What happens if person does not come after receiving summons

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

Answers (1)

163 votes

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.

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