Stay of ex-parte decree
adv.durgadas k.kulkarni
(Querist) 14 April 2013
This query is : Resolved
R/Sir,
I am representing the matter of which facts are as follows,
Ex-partee decree regarding declaration of ownership and possession of immovable property has been passed against A on 6 Feb. 2013.A got knowledge about ex-parte decree on 9th April 2013.Taking undue advantage of ex-partee decree plaintiff trying to mutate his name in ownership as well as in cultivatin column of 7/12 extract.Apprehension in mind of A that plaintiff will sale suit property after mutation.
A filed an application for condoning delay and setting aside an ex-parte decree.
Question : Can A file stay petition before the court which passed ex-parte decree alongwith an application to condone the delay and an application for setting aside an ex-parte decree by which he may restrain plaintiff to sale suit land?
ajay sethi
(Expert) 14 April 2013
whehter A was validly served with the proceedings ? why did he remain absent at time of passing of decree?
you have to make out a case for setting aside ex parte decree . the motion is generally allowed if you make out a prima facie case .
R.K Nanda
(Expert) 14 April 2013
agree with sethi.
Raj Kumar Makkad
(Expert) 15 April 2013
What is the relevance of this query with criminal law?
Your similar query raised in civil section has already been replied so refer to those replies.
