Opposite party lawyer not appeared in ex-parte case
Reformist !!!
(Querist) 18 December 2014
This query is : Resolved
Hi Experts, In one of the consumer court cases, the OP party lawyer did not appeared in the District forum after filing the memo on 1 date and then the case was allowed in our favor ex-parte. After that we filed Execution in Sec 27 of Consumer Protection act. Then opposite party appeared on 1 date and plead with a Miscellaneous application that they did not received the final order from the court and they only got it after they applied the certified copy in the registry of the Forum.
In Actual, we have examined/inspected the court file which clearly shows the stamp of opposite party's office on the final order receiving. And even after receiving the copy of final order through Court via Dasti, he delayed the proceedings in Execution case and applied for the final order copy after 2 months(2 dates) of receiving the summon for Execution Petition. Meanwhile, he is trying to approach State Commission against the ex-parte order. Please guide me, what shall i do as he has filed the Miscellaneous application to stay the Execution case till he applies in State commission.
Also, let me know if there is any Judgment from the National Commission or Apex court that if opposite party lawyer does not appear in a case then complainant should not suffer because of his negligence.
Urgent reply is appreciated...
Thanks in Advance.
Dr J C Vashista
(Expert) 19 December 2014
1. Citations are not provided on this platform.
2. Contest the appeal/revision. Mention the facts in your reply before State Commission, along with certified copy of the proceeding before District forum.
3. Appeal is the right of every one including your OP.
Akhil Dave
(Expert) 19 December 2014
Dear Reformist,
In this circumstances, you have to strongly file the written reply to CMA [delay condone application] preferred by the original opponent in state commission stating the facts and certified records of District forum, the original opponent not came with clean hands and hided facts to misguide the commission. There are various latest judgments of National Commission on such issue. To condone the delay, there has to sufficient cause.
Regards
Rajendra K Goyal
(Expert) 19 December 2014
1. He has right to appeal before state commission. you can oppose on merits.
2. judgements not provided.
3. You should oppose the miscellaneous application of stay.
ajay sethi
(Expert) 19 December 2014
court may condone delay in interest of justice subject to imposition of costs
V R SHROFF
(Expert) 19 December 2014
Well advised, no need to add.
malipeddi jaggarao
(Expert) 21 December 2014
I too agree that court may condone the delay. Oppose the Miscellaneous application giving all the facts and alleged misrepresentations of the opposite party.
T. Kalaiselvan, Advocate
(Expert) 24 December 2014
If he is believed to have misrepresented before the forum, you may prove it authentically by giving a proper counter to it. He has full rights to prefer an appeal which cannot be questioned by you.
