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Ganesh Narayanan   02 August 2023

Exparte confusion

Defendent were set exparte in suit. Money Suit decree in favor of plaintiff.

Execution petition was filed,  defendent were set exparte. IA was filed to permit petitioner to participate in court auction in which notice was issued to respondent/defendent. Notice returned as respondent died. Hence impleading LR petition was filed. LR was set exparte and petition was allowed, hence ammendment petition was filed and carried out. Fresh notice was issued in IA petition to LR.

Now arise the confusion. LR has appointed a counsel and appear in IA petition and raised objection that he has not received notice in ammendment petition and copies. Q1. What is the veracity of exparte order made against LR in implead petition. Q2. What is the position of LR in main execution petition were all respondent set exparte. Q3. Remedy available for plaintiff

Thanks in advance



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     03 August 2023

The LRs have to wait for this petition to be allowed and then file one petition after another till the main suit for setting side the exparte order including the  exparte decision given in the main suit against them.

This is a usual process.

You can challenge the same on merits

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