Remedy for non-contesting the suit
Ramasamy
(Querist) 12 March 2012
This query is : Resolved
Dear Experts,
One “A” filed a civil suit for declaration of title, injunction and for recovery of possession as against four defendants which includes my relative “B”.
All the defendants have contested the suit but unfortunately my relative “B” had failed to appear before the court of law and was set exparte and finally the court was passed a judgment and decree on merits as against all the defendants which include my relative “B”.
Though all the defendants have contested the suit but my relative “B” has failed to contest the suit even though he is having valid documents to disprove the plaintiff’ case.
Sir, my doubt is whether at this stage what can my relative “B” can do and how can he protect his possession since the court was passed a judgment and decree as against all the defendants for return back the possession to the plaintiff.
Kindly advise me, Sir.
Deepak Nair
(Expert) 12 March 2012
The only remedy available to B in this case is to file an appeal against the order. There are chances, but a bit difficult.
V R SHROFF
(Expert) 12 March 2012
It is negligence on part of B,
So need very good ground, not to contest case.
If Appeal allowed, case may be re tried,
barun deka
(Expert) 13 March 2012
if B can show sufficient cause for not appearing, he can set aside the ex parte decree by filing a petition under Order 9 Rule 13 CPC
Alternatively he can file an appeal
M V Gupta
(Expert) 16 March 2012
A person loses his case by default even if he has a good case. Unless ur relative has strong and convincing reason for remaining ex parte, success in appeal is highly dobtful.
