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Santhosh Kumar   17 April 2018

EP FILE

In our case the accused is called around 5 times by court but he is always filing EP and he is not attending... what is that EP is all abt and y he is not attending the court... we have not received any notice to fight against him in court...

Please suggest...


Learning

 2 Replies

Adv Deepak Joshi +917017821512 (Advocate)     17 April 2018

There is a time limit to file counter affidavit or objection in an EP. the court cannot refuse to accept the counter, unless you are set exparte. if you are set exparte then a petition to set aside exparte can be filed under order 21 RUle 106 of CPC. if such a petition is rejected then you can challenge it by filing a first appeal in a court of competent appellate jurisdiction.

Attachment can be lifted on furnishing sufficient security for the amount payable as per the decree.

 

Santhosh Kumar   18 April 2018

Thank you for the suggestions Deepak sir, what is the time limit for him to attend court n when will we receive notice to fight against him... it's almost 2 years culprit is not attending court from past 2 years, court called him 5 times and he attended 2 time and 3 times he filed EP... till how long we need to wait to fight against court...

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