Set aside exparty decree
SUVALAW
(Querist) 24 December 2016
This query is : Resolved
Sir,
Exparty decree was given against respondent in permanent injection in junior civil court. In this respondent filed written statement only. After written statement respondent could not attend.
After one year DHR filed E.P basing on exparty decree of suit
Now JDR want to set aside the exparty decree in suit. And want file Stay petition in E.P. so where should JDR file Stay petition and set aside petition with delay? Appear court or lower court
Please convey step by step with cpc provisions
Thankyou
Advocate Bhartesh goyal
(Expert) 24 December 2016
JDR has to file petition u/order 9 rule 13 of cpc before lower court along with application u/sec 5 of Limitation Act stating therein the sufficient cause for his non appearance in the court on the day when ex-parte orer was passed,if court finds sufficient reason then and then only ex-parte decree may be set aside else not.
Rajendra K Goyal
(Expert) 24 December 2016
Expert Advocate Bhartesh goyal has guided well, should proceed accordingly.
R.K Nanda
(Expert) 25 December 2016
Nothing to add more.
