Court declared ex-party.

Querist : Anonymous (Querist) 19 December 2011 This query is : Resolved
Dear Experts of the forum,

In a court case one of the defendants in a civil suit declared as ex-party (As he had not attended/represented him self in the court ). Under thease circumstance can the appellant take over/ occupy the land in the custudy of this defendant. Or plintiff has to wait till final disposal of the case/suit.

Thanking you All in advance.

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Raj Kumar Makkad (Expert) 19 December 2011
You have not told the nature of the case under discussion. If the suit is for possession then definitely such plaintiff shall have to wait till the decree is passed in his favour and til the same decree is executed by court.

Merely passing an ex=parte order do not ipso facto provides a right in favour of the plaintiff to take law in his hand and moreover it cannot be declared as his victory because he has to put his entire case before the court which has finally to give its verdict after going through the pleadings of the plaintiff.

Devajyoti Barman (Expert) 19 December 2011
What is the terms of the Decree granted by the court.
The appellant or the respondent can not go beyond the terms of the decree.

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