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Section 7: Notice to the Opposite Party

Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009Union territory Rules of Delhi · 2007

(1) Once the Tribunal is satisfied on the points mentioned in sub-rule (1) of rule 5, it shall cause to be issued to each person against whom an application for maintenance has been filed, a notice in Form ‘C’ directing them to show cause why the application should not be granted, along -6- with a copy of the application and its enclosures, in the following manner:-

(a) by hand delivery (Dasti) through the applicant if he so desires, else through a process server; or

(b) by registered post with acknowledgement due.

(2) The notice shall require the opposite party to appear in person, on the date to be specified in the notice and to show cause, in writing, as to why the application should not be granted and shall also inform that, in case he fails to respond to it, the Tribunal shall proceed ex parte.

(3) Simultaneously with the issue of notice under sub-rules (1) and (2), the applicants (s) shall also be informed of the date mentioned in sub-rule (2), by a notice issued in Form ‘D’. *

(4) The provisions of Order V of the Code of Civil Procedure, 1908, shall apply, mutatis mutandis, for the purpose of service of notice under sub-rules (2) and (3).

(5) The Tribunal shall have all the powers of a Civil Court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses of compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed; and the Tribunal shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.

Where this provision sits

ActDelhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009
Section7
Marginal noteNotice to the Opposite Party
JurisdictionUnion territory of Delhi
StatusIn force as published by the source

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