Legal Question in Real Estate Law in India
""These days one has to file the reply within 30 days of the service of summons which by permission of the court can be extended maximum to 90 days.""????Is this regarding the civil cases.??.What if the date we get is 2 mnths after..How do put all the civil cases lodged on us collectively and prove that it is just merely to harass innnocent ppl.
2 Answers from Attorneys
the written statement mentioned above is governed by civil procedure code and it is obvious that the same is applicable in civil courts only. you may file the reply within 30 days even if the next date given is far. your time of 30 days would start from the date when the copies of suit or petition was served to you. in case there is abuse of process of law and multiplicity of litigation, same can be looked into and the cases can dismissed by resorting to provision of res judicata or res subjudice or order 2 rule 2.
as I mentioned earlier and supported by my friend Mr. Rajiv gupta, irrespective of the next date of hearing, you must file the written statement in 30 days from the date of service of summons. However, if any one suit is summary suit then you have to cause appearance in 10 days of service irrespective of the next date. These things, now a days, are mentioned in the summon itself. You may take all your objections in the written statement about pendency of other matters and thus harrasment.
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