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Ria   11 August 2009 at 17:35

Setting aside of Exparte order

My Divorce case had been transferred to the fast track court in March after it was pending in the family court for 5 years. However after transfer of the Divorce petition the Respondent did not appear in the court for consecutive 5 times, therefore a notice was sent by the fast track court informing the defendant husband about the transfer of case and subsequent date for appearance.

However even after receiving the notice my husband did not turn up in the court for more than 4 hearings. As a result the judge on 4th June 2009 passed an ex-parte order, but on the date I was to receive the order that is 10th August 2009, (Please note that the the limitation period of 30 days is over) my husband suddenly appeared in the court at the last moment and submitted an application for setting aside the ex-parte order citing that the courts passing of exparte decree was an oversight as my husband did not know about the transfer of the case to the fast track court., which he is lying as the there is a copy his acceptance of the notice sent by the hon’ble court.

I have filed my say and have requested to dismiss the application for setting aside the exparte order on the following ground which is true:

1) Failure to cross examine me for a period of 4 years, even though I was always prepared for my cross examination (Iam appearing party in person). However my husband in the application to set aside the ex parte decree has stated that he wants to cross examine me now, which I feel is a delay tactics on the part of my husband

2) Non – appearance even after receipt of the notice of transfer of case to the fast track court

3) Default in payment of maintenance for one year (I have already filed a recovery petition for the same.

Please advice if based on the above grounds can I object the setting aside of ex-parte decree and object to my cross examination after 4 years ?

Regards,
Ria

Manjunatha   11 August 2009 at 17:12

79 A

We had purchased a property in mysore in 1994, but Assistant commishner initiated 79a b on seller whom we purchased land and forefited the property,we went to appllet where the appleat set aside order in 2004 stating the seller to us has not violated 79ab and said if required procceed against the purchasers in 2004, ac enquired us said no need to procced against us, but now the seller from whom we purchased land is black mailing and gave application to AC to forefit the land, Now AC has passed order to forefit our land under su moto powers,

Please any suggestions what to do

Ranganath.T   11 August 2009 at 17:06

how to challenge the final decree (partition)

Dear Sir,

Final Decree provided in the year 1989 but we came to know that there is some fraud or misguidance in the final decree, we having proper evidence in this regard, please tell me how we can take the justification on this issue. This is basically partition suit filled by my grand mother for her share in her father’s property with third party (Mr.X).

2) Third party Mr.X acquired entire property by setup of will. but court given the judgment (separate judgment) for cancellation of will by saying will was arranged by fraud and not genuine but still date in local authorities having this name in there register, please give me your precious opinion on this matter that means how to cancel his name in the local authority (BBMP). Can we approach for writ petition on this matter or not.

Kindly help me please.....

Thanks with advance.

Ranganath.T

Ashvin Khambhata   11 August 2009 at 17:01

partnership firm

I want to know wheather regisered partnership firm can file civil suit through authorised pperson

Ashvin Khambhata   11 August 2009 at 16:51

retrenchment

Dear Sir
I want judgements on fairness in retrenchments

kamal   11 August 2009 at 15:20

GPA is on the name of two persons so can one sale property

HI

I am buying an apartment through developer and GPA is on MD and director and but in GPA there is one clause that any of these two can use their attorney power at their convenience. so is it a safe to buy property if any of these two can sign sale deed?

Ami Parekh   11 August 2009 at 15:12

Stamp Duty on Issue of Share Certificate

Dear Expert,
Can somebody please explain me the procedure of Issue of Share certificate what is the rule on payment of stamp duty on share certificate issued. what are the rates applicable of stamp duty do they differ according to states & what has to be taken in to consideration the place of Board meeting or the registered office of Company of which share are issued.
awaiting ur reply
ami

Venkat Sundaresan   11 August 2009 at 15:10

Section 12 A of MOFA

Is swimming pool facility given by the developer be considered as an essential service u/s 12A of the Maharashtra Ownership Flat Act?

Dinkar Vidyarthi   11 August 2009 at 14:34

Registration of POA

Dear Sir,

I am resident of N.Delhi. I have a property in Shimla. I want to sell it and for that I have to execute a special Power of Attorney in favor of one of my known person at shimla. My question is that is this POA effective if I execute and notriesed the same in Delhi or there is any necessity for registration. and if so, can I execute and registered a POA in Delhi for the property situated at Shimla.

Jaswinder Singh   11 August 2009 at 14:10

Execution in Consumer Forum

The Decree Holder filed an execution Before Consumer Forum and the same had been dismissed in default by the Hon'ble Consumer Form. Thereafter now again the Decree Holder file an execution regarding the same order. Is it maintainable or not.