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Satya   21 February 2016

Disputes and ex party claim

Hi,

I am Satyajeet chauhan. I would like to get advice on civil case.

My father bought land from Party A , which was in his possession from quite some time (20 years). My father did legal agreement with Party A in form of Land registery and becasue land was under "Lal doora" we also checked municiple record where Party A name was showing . On basis , we paid to Party A. Due to ban on registry , my brother took power of attrony and later we did registry on that basis. 

Later Party B came to us and asked us to return his alleged property. Party B filed a case criminal against my father, brother and Party A under 420 and some related IPC.We later get to know Party A's wife and Part B had relationship which led to giving some land to Party A by Party B which he eventaully sold us.

Lower court given verdict of holding Party A accused and given jail saying sail deed illegal, where as my father and brother set free of not commiting any crime.

Later Patry a filed a civil suit and asked for land possession. During this my father passed away , and summon of given to my brother and allegedly to me. I never received summon and later someone told me they never issued summon on my name and issued on some other name (wrong name) and made me Ex party.

I stay out side city and was not in touch with family. Now i would want to reopen the case, I need to know following things :

  • Can I asked court to consider my hearing in court?(Case is in session court )
  • Can i asked to court to hear my side even after verdict on property possession , since legally i am not aware about that is there any case in court.(No summons have been received) 
  • What is the righ time to break Ex party? can i do it after case verdict.
  • Sue to some reasons i want to delay the final court ?
  • Can i reopen Sale deed case as too again ?

Best way to handle this situation so that we can keep this land as long as we can or negotiate with Part A. My father and mother given entiring life earning on this and we are very tense about it.

 

Regards

 



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