Opposite party offers statement on ex-party order date....
Goapl Garg
(Querist) 08 March 2017
This query is : Resolved
Money Suit files in March-2016.Notices and Summons properly served on Opposite Party twice.Opposite Party did not appear since inception of Suit and almost more than 240 days have passed since last notice/summon received by them.No vakalatnama filed by them.Case declred Ex-Party,Evidence submitted.Yesterday was Ex-Party Order Date, suddenly Opposite appears and offers Written Statement and Written Objection, which was opposed by us.It is just tactice for delaying the issue and not to pay.What shall be further steps and what should I do to ensure justice..?
rajeev sharma
(Expert) 09 March 2017
Condonation of delay is prerogative of the court. File objection and contest the application. If even then the application is allowed you may file appeal
Goapl Garg
(Querist) 16 March 2017
but, when should I file objection, i.e. when the er-parte termed defandent offers submission or their application for condoning the delay and non-appearance?..