Exparte decree

Venkatesh (Querist) 23 September 2015 This query is : Resolved
Sir, an exparte decree of a suit was passed against defendants in the year 1994. Now the defendants is trying to set aside the exparte decree.Is it possible to set aside the exparte decree now (after 21 years of judgement)?

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R.K Nanda (Expert) 23 September 2015
not possible.

Rohan Pradhan (Expert) 23 September 2015
The limitation to execute the decree had also expired.. so what is the need to set aside the exparte decree now?

Rajendra K Goyal (Expert) 23 September 2015
It is not possible.

Venkatesh (Querist) 23 September 2015
A will was written by the property owner Mr.A in 1966 mentioning that after his death his property should enjoy 50 percent by his wife and 50 percent by his brothers children and the will is registered. Mr.A was expired in 1970. In 1993 court has given judgement (Exparte decree) that Mr.A is the owner of the entire property eventhough the will is registered. Now the defendants is trying to set aside the exparte decree based on the registered will. Is it favourable for them or not?

Venkatesh (Querist) 23 September 2015
Not Mr.A. Given judgement that Mr.A wife is the owner of the property.

Venkatesh (Querist) 23 September 2015
A will was written by the property owner Mr.A in 1966 mentioning that after his death his property should enjoy 50 percent by his wife and 50 percent by his brothers children and the will is registered. Mr.A was expired in 1970. In 1993 court has given judgement (Exparte decree) that Mr.A wife is the owner of the entire property eventhough the will is registered. Now the defendants is trying to set aside the exparte decree based on the registered will. Is it favourable for them or not?

Dr J C Vashista (Expert) 24 September 2015
There is little harm in taking a chance to file an application u/o IX Rule 13 CPC for setting aside the decree on the pretext of no-knowledge/present date of knowledge of the decree.
Whatsoever, if the decree is not executed within the elapsed period of 23 years, its limitation is already over, please remember.

Venkatesh (Querist) 24 September 2015
Sir, The will is registered in the year 1966.In will there is share for both the persons(his wife and His brothers children). But the Court has given judgement(Exparte Decree) in 1993 As his wife is the owner of the entire property (without noticing the registered will). Now they are approaching court with the registered will.

Guest (Expert) 24 September 2015
You Could make your Genuine Appeal with Very Valid Grounds Which Could be Accepted by the Courts.Consult A Local Very Senior Good Advocate.The Will being a Registered One Its Validity Can Not be Ignored Just Like That.It is Also an Offence On the Other Side For Not Disclosing the Facts about the Will to the Courts at the Time of Ex Parte Degree.If All the Brother's Children are Alive No Issues Other Wise Get Ready With Necessary Legal Heir Cerificates Etc as required to approach the Courts.Consult Local Very Senior Good advocate.

Rajendra K Goyal (Expert) 01 October 2015
Repeated query:

http://www.lawyersclubindia.com/experts/Exparte-decree-562566.asp#.VgzJWPmqqko

http://www.lawyersclubindia.com/experts/Exparte-decree-563231.asp#.VgzIZvmqqko

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