Hi,
We have civil suit running at junior division, civil judge. I am plantiif in the case. The suit is for ownership, title of the property. (defendant is my elder brother).
In our case recently one third party application came to add as a opposite party - defendant. (Third party is my uncle(died) his son (my cousing brtoher)). But third has given the applciation with the advocate sign with him. but his advocate has not filed the VP, also both were absent on the next dates and as our case is 9 yrs old and planitff is senior citizen, also we have submitted the high court circular to expedite the case in the suit.
The third party has called 3 times on next date as a procedure and both third party applicant and advocate were absent. Hence judge passed the order as "third party application dismissed" for ontum processing. On next case date, the advocate of third party has submitted the application for "set aside" the order of dismissal of the third party applciaiton passed by judge. But as I know there in no provision to set aside for such orders. Still need to know is that possible to consider the set aside applciation of third party by judge and if yes on what basis?
Or third party has to file a Writ Petition to District / high court against that dismissal order passed by junior division judge in civil suit.
Thanks.
