Exparte set-aside petition
raja athimoolam
(Querist) 24 December 2009
This query is : Resolved
Exparte preliminary decree for partition was passed against father. Father died before final decree. Plaintiff filed final decree application against his daughters. Whether daughters of the deceased file petition to set-aside the exparte preliminary decree. Is sec 96 of c.p.c is bar to file set-aside petition. Please clarify me with citations.
adv. rajeev ( rajoo )
(Expert) 24 December 2009
Ex parte decree was passed against the father during his life time. NOw daughters cannot file an application for setting aside exparte decree. Daughters can seek their share in the FDP also.
aman kumar
(Expert) 24 December 2009
daughters of the deceased MAY BE file petition to set-aside the exparte preliminary decree. Is sec 96 of c.p.c is NO bar to file set-aside petition. Please
niranjan
(Expert) 24 December 2009
An application can be filed under O.9,rule l3,within limitation by daughters alongwith the application for condonation of delay as daughters came to know only aftrer they were joined as party to the suit.You should try.
Raj Kumar Makkad
(Expert) 25 December 2009
Any legal heir wears the shoes of his predecessor in interest and if the father of the daughters had already been proceeded with ex-parte then they as a matter of right cannot get the order set aside however, if limitation is condoned then they can do so.
