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S.Abhisheik (Proprietor)     27 May 2011

Reliance on Discharged Defendant's WS

Respected Experts,

My suit for Permanent Injunction was dismissed relying on statement of a discharged defendant.

I filed a suit against A & B.   

(A) submitted his WS disputing my title and later on filed an affidavit that he has no interest in suit property.

He was discharged on the basis of this affidavit. 

HIs wife(B) never filed any written statement or evidence.

Yet court dismissed my suit relying on the basis of A's WS who was discharged, saying that I was unable to prove my title.

 

Can a Judge rely on WS of a discharged defendant?  Please explain. Is it not unfair.

B never appeared and was proceeded ex-parte, however judge decided against me relying on WS of A.

  Also suggest a good property lawyer for tis hazari court.

Thanks



Learning

 1 Replies

adv. rajeev ( rajoo ) (practicing advocate)     27 May 2011

Court has made an error.  When defendant is not interested to proceed with the case and his wife is placed as an ex-parte suit could have been decreed.  File an appeal against the judgement and decree.


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