2 plaintiffs filed a money suit against 2 defendants, the 2nd defendant being a senior citizen lady and our family friend. The defendants were represented jointly by 3 lawyers. Within a year of appearance, all these 3 lawyers filed a joint memo seeking to retire from the case without following the proper procedure. The defendants who went unrepresented had not filed their written statement nor cross examined the plaintiffs. The suit came to decreed in 2014. The defendants came to know of it when they received notice in the execution petition. They appeared through their lawyer and the executing court has issued a warrant for attachment of the movables of the house of the 2nd J.Dr. lady. The advocate in the E.P. has opined that first appeal is timed barred. He has also advised the J.Drs that since the money suit is not a money transaction but an agreement between the original defendants and the plaintiffs to develop non agricultural land of the plaintiffs by the defendants, he will file a separate civil suit against the plaintiffs in the money suit alleging that they have committed fraud on the defendants. He has assured his clients that he will get the execution proceedings arising out of the money suit stayed in the fresh suit alleging fraud. Kindly clarify 1. If a regular first appeal could still be filed in the H.C. with an application for condonation of delay, since the lady has not stepped into any court premises till today. (2) Whether in a civil suit alleging fraud, the execution petition arising out of the money suit decree could be stayed. Thanks
