Title suit
Querist :
Anonymous
(Querist) 01 November 2009
This query is : Resolved
Respected experts,
I filed a Title suit against a person constantly claiming my land situated adjacent to him. We do not live there. In the w/s he disclosed that by the deed he is claiming belongs to my diseased father who is having three sons and four daughters, who too are necessary party, and the suit is bad for non -joinder of necessary parties and disclosed their names also. Now judgment passed in my favor, goes like this “Suit is and the same be decreed in favor of plaintiff against contesting defendants and against ex-parte decree against uncontested defendant.” No appeal has been filed, and 6 months has been passed Later we came to know the claiming had got this land in his family partition. Now my concern is that, can the ex-parte defendants (who are living adjacent to the land in suit and is having full knowledge of the suit) bring any fresh suit? Can a person join any suit suo- motto, if the property in question is related to him, and he is having the full knowledge about the suit? What is the limitation in recalling the ex-parte in this case? Thanks to all.
niranjan
(Expert) 01 November 2009
Uncontested defendants should have filed the appeal.Limitation will come in their way.
adv. rajeev ( rajoo )
(Expert) 01 November 2009
suit is already decreed so question of setting aside an exparte order does not arise. only remedy avialable to them is to file an appeal, but limitation period comes in to play
Khaleel Ahmed Mohammed
(Expert) 01 November 2009
Appeal suit can be filed with condolence of delay, by the defendants.
Raj Kumar Makkad
(Expert) 01 November 2009
There is no bar of applying with the same court for setting aside the ex-parte order and ex-parte decree if they satisfy that court that they have got knowledge of the order/decree within 30 days of filing the application under 9 Rule 13 of CPC. How can you prove that those persons had knowledge of the case and deliberately they didn't come present in the earlier case. If you fail and they succeeded in satisfying the court then decree can be set aside and trial again can restart. They have both options either to file an appeal or petition under order 9 rule 13 cpc. in both the courts, they will have to come within 30 days of the knoeledge of decree/order.
Querist :
Anonymous
(Querist) 02 November 2009
Respected Expert, Thanks for valuable suggestion. Adding some more facts.
Contested defendant had migrated to some other city very far from here and those uncontested members were attending court regularly on behalf of him. Also all of them are residing/living permanently adjacent/sharing boundary to and passing thro' the suit land since past 60yrs. and running business from there only. All the neighbors know this fact. There were quarrel over the suit land, police intervened and filed u/s 107 CrPC also u/s 144 CrPC proceeding was there. Also suit lasted for full 10 years. How can they show ignorance about the happenings of adjacent land? What else proof be needed or shall I collect. Pls. advice. Thanks
