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Prakash M (Farmer)     17 March 2014

Land problem

I approached civil court for my land problem. My opponent is not ready to come for hearing and ready to appeal my case in court. Because he has no proof or document. If he is not appeared for hearing or appeal my case. Is there is any chance for me get favourable judgement from the court if he not appeared or appeal?. If not my opponent appeared , then after how many hearings i can get judgement. How long this case will lost?. Please help  by replying my queries.



Learning

 3 Replies

Nandagopal Rao (Retainer)     17 March 2014

If your opposite (Defendant) is not appearing in the court, your advocate should press for 'Ex-parte' order and matter should continue in the absence of the Defendant.

adv.raghavan (Advocate,9444674980)     17 March 2014

whether the other side (defendant) side is appearing or not, that is not your botheration, u should have a case to substantiate your claim, and you should convince the court beyond all reasonable doubts, and prevail upon. There are so many cases ,in spite of being ex parte cases, have lost or dismissed. There is no hard and fast rule that the judge should award decree in your favour, simply because the other side is ex parte.

P JAMES VICTOR (ADVOCATE & TAX CONSULTANT)     18 March 2014

There is a possibility that, the defendant can file a set a side petition or reopen the case.


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