suit for declaration and possession

Shivasurya (Querist) 13 February 2010 This query is : Resolved
Dear Experts, in a suit the plaintiff filed suit for declaration of title and possession against 2 defendants. the 1st defendant was set-exparte without in the initial stage, the 2nd defendant contested the suit but decree was granted in favour of plaintiff on 08-12-2005. In 2006, the 1st defendant was died leaving his 4 sons and 2 daughters ( the 2nd defendant is one of the daughter of 1st defendant) In E.P. the execution court orders for delivery of possession against the 2nd defendant. The legal heirs of the 1st defendant knows about the decree and delivery order recently. Now the legal heirs wants to set aside the exparte decree passed against the 1st defendant. What is the procedure to set aside the exparte decree and stay the E.P. proceedings. (the 5 legal heirs are not parties to the suit and E.P.)Please guide me wite relevant citations. Thanks-Shivasurya, Advocate, Chennai

Follow Query

Report Abuse