Re opening of the case
queryking
(Querist) 01 September 2009
This query is : Resolved
i am the defendant in a eviction suit, the orignal suit is reserved for pronouncing of the judgment, i appeared on the day by filing advance applicaiton when the case was heard and posted for judgment, i filed application to set aside the exparte order. will the court allow me to contest the matter? if my applcation is rejected and judgment is pronounced what options left for me?
Jithendra.H.J
(Expert) 01 September 2009
as per my knowledge once case is posted for judgment, it cannot reopened
kindly refer
1)ILR 1996 Kar 553
2)AIR 1964 SC 993
"it is held in these cases that if once case is posted for judgment, no application to recall or advance hearing for any other purpose"
dont loose the heart wait for other experts opinion/answers
Sarvesh Kumar Sharma Advocate
(Expert) 01 September 2009
if court satify with yr set aside application dn court will give u a chance.
IS YR SET ASIDE APPLICATN WITH AN AFFIDEVIT AND ANEXURE WITH SUPORTING DOCUMENT BECAUSE IF U FILE ALL THE SUPORTING DOCUMENT DN DT EFFACT ON D CASE WILL ENOUGH 2 SATIFY D COURT 4 SET ASIDE.
Adinath@Avinash Patil
(Expert) 01 September 2009
At any stage you can apply for setting aside ex-parte order subject to sufficient ground.
Bhumik Dave
(Expert) 01 September 2009
Fully agreed with mr. Sarvesh
Y V Vishweshwar Rao
(Expert) 02 September 2009
You have appeard before the Court when the Judgment is about to be delivered ! However you can show Good and Reasonable Cause / Grounds for your absence on the last date of hearing/hearings and file application to set aside the Exparte order and with that Petition File Your Written statment and Documents, you rely up on to contest the case and the Court Will Consider the matter and allow your request , if it is reasonable , and to give a chance to you contest the matter and to give judgment on merits !
queryking
(Querist) 02 September 2009
I referred the judgment quated by Jitendra it is said that once case is posted for judgment it can not opened even for setting aside the exparte order!
is there any new judgment which permits the court to reopen the case when it is posted for judgment.
in the above judgment the Hon'ble courts have made distinction
1)case posted for hearing
2) case posted for judgment
O.9 R 7 says " case adjourned for hearing"
it means when the case posted for hearing one can move the applicaiotn under this provision but not when it is posted for judgment!
i need citations! urgent plz
queryking
(Querist) 04 September 2009
some experts give answers to the querys for the sake of giving answer to get the points!
why Real experts not ready to discuss the matter? ignorance?
Y V Vishweshwar Rao
(Expert) 05 September 2009
AIR 2007 SC 1889
AIR 2002 SC 2082
The above judgments may be useful - provided that facts of your case, require consideration!
queryking
(Querist) 11 October 2009
thanks Mr.Rao
Sachin Bhatia
(Expert) 11 October 2009
Mr.Queryking It is the discretionary power of the court to accept or to reject any application, they are not bound to follow any judgement.
queryking
(Querist) 18 October 2009
not bound! surprising!
