About set side pettion
mabusubhani
(Querist) 28 December 2016
This query is : Resolved
Respected Sir
After Exparty decree(about 6 months),can file IA pettion to setaside.This can possible in civil law.If allowed what is the next statge in case.
Here is one point the defendant side file vakaltha, but not file written statement, case at the trial status
Ms.Usha Kapoor
(Expert) 29 December 2016
discovery, MARKING OF EXHIBITS OF EACH SIDE, EXAMINATION IN CHIEF, CROSS EXAMINATION ETC WILL TAKE PLACE.THEY WILL ISSUE SUMMONS DEFENDANTS ALSO.
Advocate Bhartesh goyal
(Expert) 29 December 2016
yes,application for setting aside ex-parte decree can be filed u/o 9 r 13 of cpc along with application u/sec 5 of Limitation Act and you have to satisfy the court by sufficient cause for filing the petition delayed and also the reason for your non appearance in court on the day when ex-parte order was passed.if court satisfies by your reason for non appearance and sufficient cause for filing petition delayed,court may allow your petition and set aside the the ex-parte decree and give you an opportunity to contest the case,
Rajendra K Goyal
(Expert) 29 December 2016
Agree with the expert Advocate Bhartesh goyal.
