Importance of Court…
of Court Summons and Notices
steps to be followed whenever you receive a summon from the Indian courts-
Look through the summon attentively and understand if you need an answer or
other action. In many cases, it is suggested that an answer be sent to the
other party. An advocate can help you reach that decision.
Consult an advocate and present all the information you have regarding the
issue; he will draft a response for you and send the summon on your behalf.
Depending on your answer, the other party can take the matter to the Indian
court or do a settlement outside the Indian court; in both cases, ensure the
advocate you consulted is well informed about the matter.
is always advisable to answer a summon so that you may clear your side of the
matter or dispute. Kindly seek an advocate’s advice, and you should avoid
answering such summon on your own because it might have repercussions in the
future. Summon is sort of a warning to whom it is sent. It is the summon to the
person, i.e., making someone aware of the things he might not be aware of. It
states a wrong/mistake one may have committed and the legal penalty/amount you
would be subjected to if the sender of the summons resorts to litigation.
Before relying on or taking action against the summon, it is always advisable
to consult an advocate. If you have an Indian court summons, say to testify,
yes. You had better respond, or the Indian court could issue a warrant.
summon should be replied to within the stipulated time, and if not replied to within
the stipulated time, it can prove to be beneficial to the addressee. After
receiving the summon, the following points must be kept in mind:
look troughing the summon– It is important to properly look through the summon
to understand the issue and concerns that the other party raises. If the
receiver of the summon feels that the concerns raised in the summoning could be
resolved amicably, then immediately, a conversation should be initiated.
the Advocate– If the contents of the summon are unclear, then a profound
advocate must be contacted who can further legal action. Also, the receiver
should keep a record of the time of receiving the summon, which will be
advantageous even if the matter is taken to the Indian court by the opposite
the advocate– This step must be done attentively, and the matter must be
escalated to the appointed advocate. The advocate must be provided with all the
necessary information about the facts, time, place, events, etc., that are
related to the issue. This helps the advocate draft a proper answer
representing the receiver’s side of an argument.
the answer– The answer summons are sent either through a registered summon or
courier once the advocate drafts the answer summon on your behalf. The advocate
keeps a copy of the answer summons for future reference.
happens if the person doesn’t respond to a summon?
the person to whom the summon is sent doesn’t respond to it in a stipulated
time, then the aggrieved party files a suit in the appropriate Indian court of
Law. Once the suit is filed in the Indian court, the order will be sent to the
respondent by the Indian court to appear before the Indian court and answer the
charges which are against them by the respondent.
of a summon
A summons acts as a warning against the offender as it ensures that the
offender is aware of the duties that must be performed by him or otherwise face
the consequences of non-compliance.
Resolution of dispute–
A fair chance is given to both parties to resolve their dispute, which can be
through negotiation, mediation, or arbitration without dragging the matter
before the Indian court.
The litigation process is money and time-consuming; thus, it is preferable to
directly settle the matter via the summon, which is a much easier and quicker
must mention the following points
and address of the parties– The summon must
mention the name and address of the party to whom the summon has to be sent.
and grievances– The facts and grievances caused to
the sender must be mentioned in the summon sent by the sender in paragraphs and
After stating the facts, the summon must mention the amount of compensation
claimed for the inconvenience caused. Sometimes the summon mentions an
alternative mode of redressing the dispute. It is compulsory to bring up the
laws under which the compensation has to be claimed.
At the end of the summon, there should be a signature and stamp of the advocate
who sends the summon on behalf of the client.
procedure of sending a summon-
can either draft a summon yourself, or you can take the advocate’s assistance.
Though, it is advisable to engage a qualified advocate, as one should be
extremely cautious with the language used and the choice of words. While
drafting a summon, you should be cautious of using any fact that might later
work against you in the Indian court. Once a summon is sent, it cannot be
changed, and if you use any contradictory statement in the Indian court, then
it might weaken your case.
summon must be addressed to the person you have grievances against.
summon must be sent on plain paper or on the letterhead of an advocate.
must categorically mention in the summon the time period in which the addressee
must respond to the summon. The time period can be 30 to 60 days. The time
period must be stipulated within which the other party is expected to fulfil
summon should be signed by the advocate as well as the sender.
summon must be sent either through a registered post or courier. It is usually
advised to ensure that the acknowledgement is retained.
to be avoided while answering to a summon
The most common mistake is not answering a summon on time. The sender should
try to answer the summon as soon as possible and within the stipulated time as
mentioned in the sender’s summon. Or else, the person who is sending can take
the harsh acts.
The mistake the party makes is that they do not answer in a proper and
prescribed manner. The summon should be properly replied to; if the party is
unable to understand the terms of the summon, a professional advocate should be
The mistake that is made is that the party forgets to mention the sections
under which it is sending the summon. The party must be aware of the relevant
sections under which it is sending the summon.
The people forget to mention the date in the summon. It is very important to
mention a date in the summon.
If the party consults an advocate, then it should not forget that both the
party’s and an advocate’s signature is required.
The present address of the sender should be mentioned so that it reaches the
proper person at the proper time. Bringing slowdown may take action against the
The sender’s present working phone number should be addressed.
to provide a proper response-what to do when you receive a summon
first thing to do after receiving a summon is to call the sender of the summon
with the aim of resolving the dispute amicably.
it is not mandatory to answer a summon,it is still advisable to send an
appropriate answer to the summon.
case one fails to send an answer to a summon, the other party may use that as
an advantage, and while drafting the petition, they may blame for not adhering
to the requirements of the summon, for which reason the case has been filed.
in one’s opinion, the facts that have been stated in a summon are not true, and
he needs to contest a summon. He can take consultation from an experienced
advocate, seek his assistance, and draft a proper answer to the summon, denying
the contents stated in the summoning. The summon must be sent via registered
post or courier.
sending an answer to the summon, check whether the claim in the summon is
time-barred or not. If the claim is time-barred, then one should only answer
that the claim is not within the limitation period.
a summons is the most important stage before a legal suit since it may influence
a decision. Hence, although it is not an order of the court it is vital that
one responds to a summons.