Ex parte order in property suite favouring plaintiff.
KATHIRVELU SHANMUGAVELU
(Querist) 17 February 2021
This query is : Resolved
In a Civil Suite of Property, the plaintiff was given an Ex parte judgement. Respondant seeks, reopening of the case with a condoned delay, and again was rejected in the subordinate Court.
Respondant seeks remedy by approaching the High Court of Judicature by CRP(NPD), and gets a remedy for reopening the Civil Suite in Original Suite petition.
This was on 3 conditions
1. Cost to High Court
2. Cost to the Original Plaintiff
3. Ordered to Number the appeal by Subordinate Court and Trial to be conducted on a Daily basis for 30days and the Outcome to be reported to the High Court with in 60 days from the date of Judgement.
The Respondant / Appellant, 1. 1. 1. Doesn't take initiative to Number the case in Subordinate Court
2. Doesn't pay costs both the High Court and Plaintiff/ Defandant.
Meanwhile the Plaintiff of the Original Suite Petition, Dies due to Old Age...
What are the Remedies Available for the Successors of the Plaintiff, Who was awarded the Ex Parte Order.....
Guest
(Expert) 18 February 2021
Any Court Orders in Property and Civil Matters would be Executed by filing an EP -- Execution Petition in concerned Courts and in your Case in the place of Late Petitioner the Legal Heirs could do that.
Advocate Bhartesh goyal
(Expert) 18 February 2021
High Courts order for seting aside ex-parte judgment was conditional and in case defendant fails to fulfil the conditions imposed by H.C.then lrs of plaintiff are free to get executed the ex-parte judgment.( Degree ) against defendant.
Dr J C Vashista
(Expert) 19 February 2021
When the plaintiff stated to have been granted ex-parte decree, why has he (plaintiff) approached in CRP ?
How the defendant can be respondent in High Court in a Civil Revision Petition against the judgement/ decree ?
KATHIRVELU SHANMUGAVELU
(Querist) 21 February 2021
Dear Dr J C Vashista,
Your absolutely correct. The Plaintiff has not approached Highcourt Vide CRP, it's the defendant, Who had approached High Court and the Plaintiff is the Respondant in the CRP....
