ashok kumar (Social Worker) 21 September 2014

Ex parte rcovery proceedings -lawyer absented

Ex Parte Rcovery Proceedings -Lawyer Absented

The borrower died and the account became NPA. Bank filed suit for decree in 1996 after issuing notices to the LRs. The Lawyer failed to appear and the Bank succeeded in securing an ex-parte decree in 2003. Decree was granted ex-parte in favour of the Bank for sale of the property mortgaged. The Bank took no action till 2014 but filed an execution in 2014. The LRs were not aware of the decree and were under the impression that the case is still on and came to know the fact of the decree only now.

Now the LRs find that the judgment awarding the decree suffers from patent illegality and errors of law which are apparent on the face of the judgment and if the decree is executed, it would result in a grave miscarriage of Justice.

1. Can this LR now challenge the award of decree itself on the above ground citing non appearance of the Lawyer of the Lawyer and demanding to be given the opportunity to be heard by the court? i.e. Can the recovery proceedings be reopened now on the application of the LRs on this ground.

Kindly guide with the relevant provisions of the Civil Law?

Reply Follow

5 Replies

Hardeep (Business) 22 September 2014

The Case is too old and the LR should have been more careful.

However, if there are really " errors apparent on the face of it " there are provisions in Law to " do justice " . Look at , for example :

https://www.lawyersclubindia.com/articles/INHERENT-POWERS-OF-CIVIL-COURT-U-S-151-OF-CODE-OF-CIVIL-PROC-3071.asp#.VB_CEBYkQ94

How the Court handles this would depend upon how strong the facts are ....

Seniors may please comment/ correct.

ashok kumar (Social Worker) 22 September 2014

Dear HardeepJi

While I am still going through your reply I thank you for this wonderful link u have given in ur reply!

Hardeep (Business) 22 September 2014

Happy to have been of some help :-)

ashok kumar (Social Worker) 22 September 2014

Dear Hardeepji

I dont know what R U by profession! But wish to acknowledge one extremely good quality of yours

Ur approach is extremely holistic and complete! U dont leave much to wonder!

U remember in one of my posts I asked for teh process of change of Lawyer and u replied so beautofully and I complimented by saying

"A BIG OPEN THANKS TO U HARDEEPJI for being so systematic and clear in your reply

U know with the generosity of fellow humans like u I will be able to mitigate a bit of the sufferings of the poor (Mine is an NGO) who keep on coming to me with these kind of real life problems which dont have easy solutions!