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23-Nov-2024 (In Recovery Law)
Summary suit filed for recovery- summons issued-address change of defendent-defendent appear on plaintiff email-court order for file vakalat nama and written statement- appearance not filed within 10 days- can plaintiff file order for judgement? Or wait for 1 months or next date of hearing? Advice please.
Order 37 Rule 2 sub rule 3 of code of civil procedure 1908 provides for the provision for passing of decree upon failure of defendant to put up appearance . You can depending upon service report of defendant as per court record consult ur lawyer for moving appropriate application under above said provision without waiting sny further for seeking decree .
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Adv. Asit Tewari
Delhi | 25+ Answers
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It is required first the plaintiff to file within 10days from the date to file a reply but in most of the cases written statement are submitted before the next date of hearing. So its advisable to wait till next date
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Adv. Aman Verma
Delhi | 50+ Answers
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