Non appereance from mid of case by op
k.g.agarwal
(Querist) 20 December 2013
This query is : Resolved
i have filed a case in allahabad against my previous company for non payment of pension as per rules of the company.
the company have replied the notice and appered up to 3 years in the case. but now
no one is appering from their side. now the judge has fixed date for x party argument on jan 10 2014.
it seems that they donot have proper plea to argue the case but still do not want to pay the pension to me.
my question is that the judgement now delivered will be treated as x party that no opportunity was given to comany or this will be binding judgement and compny wont able to take excuse of non opportunity.
further in general wheather the judgement goes in favour of plaintiff or not
Simi Salooja
(Expert) 20 December 2013
Have you asked your lawyer ? What does he has to say about your query ?
Rajendra K Goyal
(Expert) 20 December 2013
In general the judgement, in such position, goes in favour of plaintiff provided the relief claimed is not illegal.
T. Kalaiselvan, Advocate
(Expert) 21 December 2013
Rightly advised by Mr.Rajendra K Goyal, if the claim matter is well within the ambit of law, the exparte decree/judgment passed will be binding on the defendant as good as the contested decree. What is your advocate opining about this situation?
R.K Nanda
(Expert) 21 December 2013
consult local lawyer.
R.K Nanda
(Expert) 21 December 2013
consult local lawyer.
V R SHROFF
(Expert) 21 December 2013
UR LOCAL LAWYER CAN HELP..
prabhakar singh
(Expert) 21 December 2013
The judgement would still be treated exparte and Co. can move application to set aside the same showing sufficient cause of non appearance and the same can be allowed on costs payable to you.It is often done as dilatory tact by parties having a poor case
in courts.
If Co.gives up and does not seek setting aside exparte decree,it shall have the same force as a contested decree has.
