Civil exparte decree reponed after 14 years
senthil
(Querist) 14 October 2015
This query is : Resolved
a civil case between A and B was filed in 1993. Both the parties filed the vakalathama and statements, But B was not available for the cross examination during trial stage. So, that the court declared the case as exparte in 2001 favor to the party A.
Now in 2015 B has appointed an another lawyer and filed an IA in the said exparte decree. He states that
1. He was not got any summon of the case, he was not filed any vakalathama in the case. He was not aware of the case
2. he states that these all are done with help of court employees that, party A has bypassed the summon and forged his signature and contested the case behalf of him....
3. he filed a FIR also in the police station with the same statements
The case is a genuine case we were not did any thing wrong in this. with help of some other lawyer he is trying to frame us like a criminal and asking for a compromise on the property. He is threatening us to give him a share on the property.
please help how can i prove that the case is a genuine one and no forgery was done in this case. My lawyers said the decree is 14 years old , it's not possible to reopen. But he filed an IA on this and reopened it.
Rudrawar Narayanreddy
(Expert) 15 October 2015
the case will dismissed with cost dont worry. when the case is weak they will resort to tricks one which is being tried upon you.
on court will open after 14 years unless he is mad for all these days.
Rajendra K Goyal
(Expert) 15 October 2015
You have a good case in your favor, proceed with the help of your lawyer.
senthil
(Querist) 15 October 2015
Thanks experts, but if you can please advice me what are the evidences i need to collect to prove the case was conducted genuinely... i have already taken the certified copies of this case, any thing else i need to take care?
T. Kalaiselvan, Advocate
(Expert) 17 October 2015
The burden to prove his case will lie on him and not on you so you defend the case properly challenging the basis and authenticity of documents he may produce or pleadings he may present/put forth before court.
Dont break your head for his case, it is his botheration, do not go for even compromise.
