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Anuj Sharma   29 September 2019

civil suit

A suit was filed against my deceased mother in 2013.summons were issued by my mother's name.
i have one sister.
court ask to deliver the summoms to legal hiers of my mother.
summons were deliverd to my sister.plantiff did not make me party in that suit.
suit has been ex partee decreed in 2015.
and execution is pending in court from 2017.
what i can do ?

we have given gpa to our cousin in 2015.
can he file dismissal suit on behalf of me.??
either i have to appear myself.bcz poa was given to my cousin in late 2015 and suit was intiated in 2013.


Learning

 5 Replies

Real Soul.... (LEGAL)     29 September 2019

if you have authorised your cousin to defend or file any suit on your behalf and the POA is properly registered then he can file for setting aside of ex parte decree. Whether you suceed or not that is secondry matter as when your sister was arrayed as party and has received the summouns too ,she was suppoused to fdefend her rights, However it has too many legal issues and you should not waste time instaed contact some good lawyer and proceed,

G.L.N. Prasad (Retired employee.)     30 September 2019

What was the suit, and why summons were not issued to all legal heirs and when you have acquired knowledge on that suit.  Please inform the detailed facts. as to how your interest is involved in that suit, as there is limitation period for praying set aside of an ex partee decree.

Anuj Sharma   30 September 2019

suit was for taking possesion.they dont make my sister party.i came to know about this suit very late in 2015 when it was decided.my sister is married and she lives at distant location.i have appealed in court whn i came to know abt this suit.how she can help me in this suit to set aside the decree.?

Anuj Sharma   30 September 2019

summoms were issued by my name but our ward member has given false witness that i was at home and i refused to take summons.while i was on my duty at that time.

P. Venu (Advocate)     02 October 2019

The facts posted are less than convincing. It is impossible that the Court would have directed the summons addressed to the Late Mother to be served on the sister. Please verify the facts.


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