Set side pettion after judgement
mabusubhani
(Querist) 27 June 2017
This query is : Resolved
Respected Sir/Madam
I got exparty Judgement.In this case defendants approach by their lawyer and file VAKALTHA.They did not file Written statement in time.then court said exparty .Now defendants file pettion(IA) exactly at 180th day after judgment .Now I Can File E P
Advocate Bhartesh goyal
(Expert) 27 June 2017
defendant can file petition u/o 9 r 13 of cpc to set aside ex- parte decree but he has to satisfy the court that he was prevented by any sufficient cause from appearing when the suit was called on for hearing,
Rajendra K Goyal
(Expert) 27 June 2017
Agree with the expert Advocate Bhartesh goyal
mabusubhani
(Querist) 27 June 2017
They file under section 5 of limitation act and section 151 of cpc.In pettion they said that they engage the total matter to their son who is defendant in the case. He said that what in plaintiff is correct. In petition their son collied with plaintiff.
Dr J C Vashista
(Expert) 28 June 2017
Since you have already engaged a lawyer, consult him as he is well aware about the facts of the case.
Do not adventure for a second opinion/advise with bits and pieces of information which may damage your case.
Vague query and incomplete information.
Azhagananth
(Expert) 28 June 2017
the other side has to file two petitions, 1. Section 5 - to condone the delay of such days in filling the second petition, 2. Oreder 9 Rule 13 petition.
if there is no reasonable causes is shown for the delay, then the application will be allowed, if not it will be dismissed.
R.K Nanda
(Expert) 28 June 2017
the petition of defendant is most likely to be dismissed by court being time barred.
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mabusubhani
(Querist) 28 June 2017
at 180 th day after judgment they filed petition in court( According to Dava saman notice paper) . jud on 17-06-16 . petition numbered & stamped by court on 17-12-2016.they file IA under limitation act 5
Sankaranarayanan
(Expert) 28 June 2017
It now all in the hands of the court, if the reason going to satisfy the court then it will allow and vise versa
