Suit against the builder

Manoj (Querist) 03 October 2012 This query is : Resolved
Dear Sir

i own a flat in an appartment where in builder did not do as promised and we filed a case in the civil court against the builder..we sought for temporary stay and permanent order to direct the builder as promised..notices were served to the builder...the builder did not appear for hearing and the court decided our stay application ex-party and issued order in our favour and granted us stay...then on the second hearing a lawyer presented on behalf of the builder and submitted an application to "set aside ex party" hearing, order of which is to be given tomorrow...

sir i want to know what is the application to "set aside ex party"

and also the procedure the case will move ahead..

thanx in advance

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V R SHROFF (Expert) 03 October 2012
"set aside ex party" Application means a Prayer to court to cancel ex party Order, and permit him to appear, file his w/s & say and fight the case " in lay man's word.
re start the case.

Raj Kumar Makkad (Expert) 04 October 2012
This means that what so ever was decided by the court at the back of the builder should be go cancelled and he be provided a chance to take part in the proceeding of the case from the initial stage. If such application is accepted (which generally is accepted subject to cost) then the builder shall be provided an chance to file his written statement and reply to the stay application then argument on stay and decision thereon and then replication then evidence from your side and then builder side and then final argument and decision shall be announced.

Manoj (Querist) 04 October 2012
dear sir

we want to print the stay order granted by the court in our apartment premises and also in a daily newspaper...shall we wait for the final order of the court to our stay application....

sir further will the case for direction to the builder to hand over community hall, allocate parking as per building plan, and vacate unauthorized construction on the terrace which is to be used for water tank and solar system be heard simultaneously with the stay application or be heard separately

thanx

Guest (Expert) 04 October 2012
Better wait for order of the court in today's hearing on the application for setting aside of the ex-parte hearing and stay order. There would have no harm had you notified the stay order in the apartments and newspapers before today. Just resist in the court that the stay order is not vacated. After that you can notify easily.

Manoj (Querist) 04 October 2012
many thanks for your reply sir...sir pl advise if application for "set aside of ex-party" is accepted by the court it means that the stay is vacated..

Guest (Expert) 04 October 2012
Depends upon the vested powers of the court after seeing merits of the case.

prabhakar singh (Expert) 04 October 2012
QUESTION "sir pl advise if application for "set aside of ex-party" is accepted by the court it means that the stay is vacated.."??

MY ANSWER is a clear cut NO!!!!!!

Manoj (Querist) 05 October 2012
thanks for reply...sir in yesterday hearing the could gave date of 20/10/12 for submission of reply to the builder and the stay continue till then...has the court accepted the application...if yes what will follow next...further will our suit for permanent relief is being heard simultaneously or will be heard after disposal of the stay applicate

regards
manoj

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