• Timeframe to file a civil suit and generation of summons

Hi Team,

I have a filed acivil suit against my cousin brother as he has illegaly demolished my house and kept my belongings at unknow location when we were away for three months.Cops are not ready to help stating that it is family dispute solve it amongst yourself. he has constructed his own bungalow and has started living in the bunglaow. The case was filed at 7th April 2015 at local court in vasai Thane and the date of first hearing was 29 April 2015.however, my lawyer for unknown reasons is telling lies that bayleaf were not able to find the respondents to deliver the summon, when i made an enquiry , I came to know that summon were never issued or handed over to them. I am worried that timely delivery of summons can hamper my case and 

I want to know , if there is a time frame under which we need to file a civil suit in above scenairos and also within how much time summons should be issued by court after filing suit.
Asked in Civil Law from Mumbai, Maharashtra
Limitation period for suits on immovable property is 12 years. However the limitation period will take into consideration the date of filing of such suit and not the date of service of summons. 

if you have any doubt on the sincerity of your lawyer you may seek a change from him and approach a different lawyer. Since your suit is still new there will not be a problem in changing your advocate on record. However if your suit reaches the arguments stage then changing would be far more difficult and risky.

Also please be sure about the allegations on a lawyer but in case you are certain of your apprehensions, you can always complaint against such advocate to the State Bar Council.
Saptarshi Banerjee
Advocate, Kolkata
220 Answers
4 Consultations

4.9 on 5.0

1) when was your house demolished? No details mentioned by you 

2) after suit is filed and office objections removed suit is numbered by registry and writ of summons is issued by court calling upon defendant to file his reply 

3) check with registry whether writ of summons is ready or not 

4) the managing clerk of your advocate generally will do the running around for collecting writ of summons 

5)writ of summons can then be sent by regd post through the court along with the plaint or you can effect personal service through the bailiff 

6) the whole process should not take more than a month 

7) if it is not possible to serve writ of summon then application is made for substituted service through paper publication as per court orders
Ajay Sethi
Advocate, Mumbai
28490 Answers
1545 Consultations

5.0 on 5.0

Hello,
1) Your suit is not time barred. It was filled within limitation period.

2) There is no strict guidelines regarding how soon the summons has to be served. If attempt to serve summons fails there are other means to satisfy service of summons on the defendant. Your counsel needs to take those steps and pursue them so that summons get served at the earliest.

3) There's no time frame for delivering of judgements. It will depend on various factors. You can file for interim reliefs and injunctions to protect your interests in the meantime.
S J Mathew
Advocate, Mumbai
2000 Answers
81 Consultations

5.0 on 5.0

Hi, there is no time frame under particular time the court will have to deliver judgement.

2.For issuance of summons the court will issue immediately so you can also send the summons through RPAD.

3.For filling civil suit limitation act apply it is all about what is the nature of suit.
Pradeep Bharathipura
Advocate, Bangalore
4204 Answers
153 Consultations

4.3 on 5.0

1. Due to your ignorance of the legal process you have mixed two facets- Availability of bailiff and issue of summons. That the summon was not issued does not mean the bailiff was necessarily available. Thousands of summons are to be issued every day whereas the number of bailiffs in most courts does not touch even the two figure mark.  In any event you must note that the job of a lawyer is confined to to the four walls of the court room. He is not responsible for issue or dispatch of summons.

2. There is no time frame within which the suit had to be filed by you. However, the earlier you file it the better your chances of success are. 

3. Again there is no time limit within which the summons are to issue. 
Ashish Davessar
Advocate, Jaipur
19897 Answers
520 Consultations

5.0 on 5.0

There is no time limit for the court to decide the case and deliver its judgment. 
Ashish Davessar
Advocate, Jaipur
19897 Answers
520 Consultations

5.0 on 5.0

Dear Querist
Within 7 days the parties of the suit specially the plaintiff have to file PF/RC before court and after deposit the Process Fee, the court issue summon/notice to opposite party, via speed post, registered post and through process server.

there is no time frame for decide the case or issue summon.
Nadeem Qureshi
Advocate, New Delhi
3997 Answers
158 Consultations

4.9 on 5.0

1. You have already filed the suit,

2. The Summons can be sent by speedpost also and the track report shown as 'elivered' is accepted as valid service of the summons,

3. Summons are to be issued to ensure hat the addressee gets it prior to the date of hearing so that he/she can appear before the Court to contest the matter.
Krishna Kishore Ganguly
Advocate, Kolkata
13926 Answers
309 Consultations

5.0 on 5.0

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