Court procedure

kamal (Querist) 12 August 2012 This query is : Resolved
summons served. Defendent appeared through advocate and asked in writing for original documents for verification.Subsequently defendent did not appear. when court ordered exparte he appeared to ask for set aside of exparte to which court agree. Again defendent didnot appear and case decided exparte in plaintiff favour. can this decree be set aside within 30 days from date of decree or 30 days from date of knowledge. if it is from date of knowledge how date of knowledge will be determined.

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ajay sethi (Expert) 12 August 2012
court wont set aside exparte decree again . defendant was aware that in case he did not appear exparte decree would be passed against him . in interests of justice court has set it aside once . wont do it again

prabhakar singh (Expert) 12 August 2012
A date of knowledge is always the date alleged and proved by defendant.
plaintiff too is under duty to plead the date of knowledge of decree by the defendant specifically if is objecting to an application under order 9 rule 13.

R.K Nanda

(Expert) 13 August 2012
File appeal in higher court.

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