Application for final decree pursuant to preliminary decree
M Satyanarayana
(Querist) 04 November 2016
This query is : Resolved
Sir,
I filed application for final decree along with application for advocate commission for demarcating the property by metes and bound. Unfortunately due to non appearance of my counsel the application is dismissed and at the same time the opposite party counsel also disappeared from the case.
I want to know whether an application for execution of preliminary decree for final decree is treated as an Interlocutory application or it will be treated an application reminding/requesting to the court for execution of decree and not for adjudication.If the same is outside the purview of adjudication why it is dismissed in default. How much time is granted to a decree holder for condonation to restore the same. Please kindly offer your advise as I am in doubt.
Thanking you,
M.SATYANARAYANA
Devajyoti Barman
(Expert) 05 November 2016
File an application for restoration of your application for passing of final.
File petition under order 9 rule 13 of cpc.
adv.bharat @ PUNE
(Expert) 05 November 2016
Setting aside the decree against the defendant.
Rajendra K Goyal
(Expert) 06 November 2016
Can proceed as advised by the expert Devajyoti Barman.
