Limitation Period for Exparte decree
Venkatesh
(Querist) 14 December 2015
This query is : Resolved
Sir,
An exparte decree was passed for a property in the year 1994 against me due to my default in the court. They sold the property to someone in 2011 based on the exparte decree judgement.
Now I have registered will which is in my name registered in 1990. Now I am trying to set aside the exparte decree (judgement) passed in the year 1994. Is it possible or not? Because of 20 years delay.
R.K Nanda
(Expert) 14 December 2015
not possible.
Saurendra Rautray
(Expert) 14 December 2015
Hi ,
Kindly shed some more light. what kind of case was it. Was the decree passed in 1994. Did you owe money to Bank/SFS or from a private person/company.
My question is when did they file execution case.
Regards
Saurendra Rautray
Rautray& Co
www.rautray.com
09437008255
Saurendra Rautray
(Expert) 14 December 2015
Kindly also clarify was the decree against you or some one else.you query is confusing.
P. Venu
(Expert) 15 December 2015
The query is short of material facts.
Who was in possession/occupation of the property?
When was the decree executed and how?
Rajendra K Goyal
(Expert) 15 December 2015
For any fruitful guidance full case file and related documents has to be referred, consult local lawyer.
Venkatesh
(Querist) 15 December 2015
In 1990 a will was registerd in favour of me by my uncle for his property and he was expired in 1992. In 1993 his wife filed a case against me and i didnt attended the court. Hence decree passed in favour of her in 1994 and she sold the property to some X in 2011. Now i am trying to approach court to set aside the decree. Is it possible after 20 years of delay?
K.S.Srinivas
(Expert) 18 December 2015
Consult a lawyer withall the papers.
Saurendra Rautray
(Expert) 18 December 2015
Hi,
Firstly i would like to ask you as to what kind of a case did your uncle wife filed against you and were you been noticed.
T. Kalaiselvan, Advocate
(Expert) 25 December 2015
Setting aside the exparte decree at this stage is next to possible, in my opinion it may be a waste of time, energy and money.
