Sec125 final order

Querist : Anonymous (Querist) 01 August 2023 This query is : Resolved
Hi

In my case ex-party order has passed due ,to my lawyer negligence and after that sec 128 order has also passed in ex- party, now we come to know about these as we have also not received any notices for that,
Now what is the solution, what can we do now we have filled for recall of sec 125 but it date is also very late

Can we file the case in high cout

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T. Kalaiselvan, Advocate (Expert) 03 August 2023
You cannot blame advocate for your act of negligence
It becomes your duty to follow up the case even though your advocate has been entrusted with it.
It is not necessary for your advocate to inform you about the case status when you never were interested to know about the development of the cae going in the court.
You have to file a set aside petition to set aside the exparte decision in the main petition and to stay the proceedings started in the petition filed under section 128 cr.p.c. till the disposal of your set aside petition

Advocate Bhartesh goyal (Expert) 03 August 2023
Yes, get set aside ex-parte order in main petition and then contest the petition seriously instead of making allegations on your advocate .

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