Smital Samdadiya Jain 03 November 2019

Guidance to Fight against Default judgement

My husband had sold his car in 2009 & after that accident of car happened in 2010 by the person who purchased the car & 2people died.Case was filed in 2012 & the summons was given to my father in law at our village but my mr.didnt had a knowledge abt it so couldnt attend the proceedings.Car is on my mr name in rto & the insurance expired at the time of accident.Judgement was passed against my mr. in district court as exparte in one case & no say in another case bcoz the vakalatnama was signed by some other person without his knowledge.Whole liability of compensation came on my husband by saying that the driver couldnt afford to pay it.v hv sale agreement of car of that time.also the driver has been acquited of accusion in fauzdari gunah by district magistrate.wat can we do now set aside/restoration/review/revision petition with stay order.plz opine

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G.L.N. Prasad (Retired employee.) 03 November 2019

The proper course is to immediately contact a local advocate dealing in jurisdictional court, and filing the documentary evidence of such sale agreement. No guidance is helpful at this point in time, as RTO records should be taken into account about ownership at the time of the accident as per Government notification. while making claims, and it is the responsibility of the seller to get RTO records changed in the name of the purchaser. Unless the orders and other materials are studied, do not accept precise guidance online from experts. Entrust this to Advocate as it is not the time to take online guidance when immediate action is required without further complications.