Defendent appear after preliminary decree granted

Whether the defendant's counsel had petitioned for setting aside pre-decree?, then contest his petition with valid grounds on your side, only the court will decide the merits and pass orders; If you feel that the defendant is not having and valid evidence or ground to contest the pre-decree, why do you worry about the out come of the petition for setting aside the pre-decree filed by the defendant.

sir,

thank you for your reply. my only concern is that case is running  for more than 10 years since 21/03/03.their petition will longer the case.

can i submit petition through my ld.advocate not to accept any hazira or any petition

Dear Friend

After the ex-parte decree is passed by the competent Court, the defendant need to file Application for setting aside the ex-parte decree. He must satisfy the Court, why the decree should be set-aside. In your case if such application is moved then you must contest the same and get it dismissed. Then he has the remedy by way of appeal. Since it is a specific performance suit he has to show is ready and willingness in order to succeed. 

Regards

VIRAJ KADAM

Advocate