Legal Question in Credit and Debt Law in India

On the first hearing the defendent, my friend whom I lent money, did not appear or probably not receive the summons as my lawyer said, though she herself did not come to the hearing on pretext of being ill. The second hearing is scheduled in August. I need to find another lawyer for some reasons. Will the court resend the summons to my friend or the lawyer needs to make an application for the same? I have paid processing fee to the court.


Asked on 7/03/16, 1:45 am

2 Answers from Attorneys

1) In cases of substituted service under Order 5, Rule 20, Civil Procedure Code, one process fee shall be charged to cover all the acts done under that rule.

2) No process fee for several attempts to serve the same process

�Where a process server makes several visits before the date of hearing in order to serve the

same process, no additional process fee shall be charged for those extra visits.

3) Fresh fee payable for every fresh process

�Where however a fresh process is issued a fresh fee shall be paid, except in the following cases:

�

(i) When the process previously issued is not received back after execution on the date of

hearing;

(ii) When the previous process is received back unserved on account of a mistake on the

part of the Court Ahlmad.

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Answered on 7/03/16, 3:46 am
Fca Prashant Chavan Expert Edge LLP

04.07.2016

Dear Sir / Madam,

It is advisable and recommended that you represent your own case in person in the Court.

Regards,

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Answered on 7/04/16, 4:42 am


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