gopinadh (advocate) 26 March 2019

exparte decree in suit without knowledge of defendant EP filed for salary attachment

sir. the plaintiff filed suit against defendant and got exparte decree without knowledge of him and filed execution petition for salary attachment against defendant, defendant knows only after receiving EP notice PLESE advise how can challenge the case if any stay proceedings. advise plese

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5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 26 March 2019

Good Arguments are required in E.P.hearing not to stay.

SHIRISH PAWAR, 7738990900 (Advocate) 26 March 2019

You can go in appeal and in appeal you can pray court for staying the execution proceedings.

SHIRISH PAWAR, 7738990900 (Advocate) 26 March 2019

You can go in appeal and in appeal you can pray court for staying the execution proceedings. Court may decide the application and appeal on the basis of the merits of the case.

Suri.Sravan Kumar (senior) 26 March 2019

The court will not pass exparte Decree blindly. Findout from the court proceedings about service of notice first. After seeing the proceedings If you feel that the Plaintiff has played fraud upon the court then you will have good case to setaside the exparte decree.