285. Petition to be placed for orders after removal of office objections.
- (i) After the removal of office objections, the petition shall be placed before the Judge for consideration as to whether the petition is liable to be dismissed under section 86(1) of the Act. If the petition is not dismissed under section 86(1) of the Act, the Judge shall direct issue of summons upon the respondent; and the summons shall be issued to the respondent to appear before the High Court on the date fixed and answer the claim or claims made in the petition.(ii)The summons to the respondent to appear and answer shall be in Form No.2 with such variations as the circumstances of the case may require.(iii)A copy of the petition shall be served upon the respondent along with summons.(iv)The summons shall require each respondent to file written statement in answer to the petition. The written statement shall be either printed or typewritten neatly and legibly with sufficient space between lines on strong and durable foolscap size paper or other paper similar to it in size and quality duly paged and indexed together with typed copies of such documents as the respondent desires to rely upon and if such documents are in Gujarati, together with typed copies of translation of such documents in English and shall be filed within 21 days of the date of service of summons upon him or within such further time as the court may allow.(v)The respondent shall also be required to serve a true copy of the written statement together with all annexure on the petitioner or his Advocate, on or before filing the same in the office.(vi)Unless otherwise ordered every writ of summons shall be made returnable within three weeks from the date of the order of the Judge or within such time as the Judge may fix in that behalf.(vii)The summons shall be served in the manner prescribed for service of summons and notices in the Code of Civil Procedure read with these Rules.(viii)The summons shall be marked Very urgent' and shall be accompanied by a letter to the Officer directed to effect service of the summons to serve the same immediately.
