• Filing a suit - procedure

I am British and I don't understand the legal procedure followed when filing a suit. Please could you tell me at the point summons is issued what needs to be provided to the defendants? Does the plaint and the documents on which I am going to rely on need to be served to the defendant or just the plaint?
Asked 3 years ago in Property Law
Religion: Hindu

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15 Answers

Tge plaint is filed and the summons are issued. Only the notice is served of a pending suit and that the presence is required. After the defendants present themselves before the court the plaint is served and the evidence etc. Is also served in due course.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

There are not much disadvantages as the opposite party would know all you have in order to support your case beforehand. It may find out once you file the plaint and serve the party with a copy.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

You have to provide the defendant copy of plaint and documents as filed in the court so that he can file written statement within statutory period of 30 days.  You are bound to supply a copy  of plaint and documents and receipt thereof be kept in record proving that the same were duly supplied on this day under his signature. 

Dalip Singh
Advocate, New Delhi
1094 Answers
36 Consultations

After suit is filed and numbered summons are issued to defendant  

 

2) along with summons copy of plaint and  exhibits have to be served to defendant 

Ajay Sethi
Advocate, Mumbai
97617 Answers
7902 Consultations

 

Your lawyer has advised you correctly 

 

2) defendant is required to file his written statement within period of 30 days of service of summons 

 

3) defendant will not be able to file reply if plaint and exhibits attached to plaint are not served at time of service of summons 

Ajay Sethi
Advocate, Mumbai
97617 Answers
7902 Consultations

Drafting your case is more important than its presentation and procedure after filing. An important aspect of a lawsuit is the pleadings.

The rest will be done on the administrative side after the suit has been presented. The suit is present on the filing day and the matter is heard by the judge if you are seeking interim relief. On the other hand, the suit is numbered and summons is sent to the defendant by post or Ameen. Generally, summons are served through personal service, which means that someone must physically deliver the summons document to the other party. Depending on the jurisdictions and whether it is a civil case or a criminal case, there may be certain restrictions. In the alternative method, a copy of the summons may be affixed to the outside door or some other conspicuous part of the house in which the defendant normally resides, engages in business, or works for gain if after due diligence the serving officer cannot locate the defendant. Furthermore, in addition to personal service, the court may also direct that the summons be served by registered mail at the place where the defendant, or his agent, actually and voluntarily resides, carries on business, or personally works for gain. 

Ajay N S
Advocate, Ernakulam
4097 Answers
113 Consultations

You have to give reply to summons and whatever has been asked first take the date from court to reply plaint that is called defend procedure.

 

All defendant point should be according to plaint allegations raised against you. 

 

Let me know in which court your case has been filed UK or India.

Ganesh Kadam
Advocate, Pune
12997 Answers
264 Consultations

Hi, once you file the suit before the court. After hearing the matter the court will issue summons to the Defendant and it is procedure established under law.

Pradeep Bharathipura
Advocate, Bangalore
5617 Answers
338 Consultations

- Since, you have filed a suit before the Indian court , then as per the provision of Civil Procedure Code , if Court has ordered for summoning the defendant , then you have to sent the complete information i.e. plaint and attached documents with the summon to the defendant . 

- However, if you will not dispatch the documents with the plaint , then you will have to deliver before the court on the request of defendant to the court for the same , and further due to lack of complete documents the defendant will get time to reply the suit , which is 30 days from the date of receiving the summon . 

Mohammed Shahzad
Advocate, Delhi
14778 Answers
225 Consultations

1. Along with the Summons, you are required to attach the copy of the Plaint along with the annexure annexed therewith which you have filed before the Court to enable the Defendant to file reply to the same.

 

2.  On receipt of the Written Reply from the Defendant  evidence will be taken from both the parties and the matter will be decided by the Court.

 

3. Our Code of Civil Procedure was enacted in the year 1908 by the then British Rulers Occupying our Country and is similar to present British Law.

Krishna Kishore Ganguly
Advocate, Kolkata
27533 Answers
726 Consultations

1. There is no question of getting advantage or disadvantage in supplying the documents to the Defendant.

 

2. You shall have to supply the Defendant copies whatever you have filed before the Court along with the Summons enable him to submit reply to your claim/allegation levelled in your said Plaint.

Krishna Kishore Ganguly
Advocate, Kolkata
27533 Answers
726 Consultations

Usually in India, the suit summons are served to the defendants by court through Court process server as well as by registered post.

The process server would deliver the copy of the plaint and one set of the plaint documents. 

T Kalaiselvan
Advocate, Vellore
87818 Answers
2365 Consultations

Your lawyer is correct in his opinion about this. 

The court would insist on serving the summons along with the plaint and one set of the plaint documents.

You have filed the case agaisnt the defendant hence you are required to inform the defendant that for what reasons you have filed the suit and what are the aspects that you rely upon to  in the suit filed agaisnt the defendants.

You may follow the instructions of your advocate. 

T Kalaiselvan
Advocate, Vellore
87818 Answers
2365 Consultations

Yes it needs to be served to all the defendant with summons which are issued by Court. 

It's a procedure of court to be served. 

Prashant Nayak
Advocate, Mumbai
32941 Answers
209 Consultations

Dear Sir

As per Indian Law, you are expected to supply a copy of the plaint and documents as filed in the court to the defendant as well.

This is so that he can file a written statement in response within 30 days.

Furthermore there is no disadvantage as such because anyway the defendant would get to know about the facts and details eventually.

Thank you

Anik Miu
Advocate, Bangalore
10427 Answers
121 Consultations

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