Hi All,
On 1991 we filed a case against our relative for a property rights. After 10 years our relative was not attended the case so, we got a ex party judgement. So, we got the full rights on the property.
Now after 12 years of the judgement our relative came back and filed a new case. He trying to frame the old case as new case in different words.
is there any possibility to get a dismiss order for the new case or again it will go for another 10 years of hearings???
Case Details:
The case is like A and B are sisters and entered into a family settlement about their ancester properties.
As per the settlement "they can enjoy the income from the property and only their childeren have rights to sell the property". they registered it also.
"B" was married but don't have children. she left her husband with out legal divorce, after that she was not found for long time
So, 2001 district court gave a ex party judgement as "B is declared as civil death, and B's husband don't have rights on the property as he got second marriage"
Now 2013 B's husband came back for rights and states that "They were not legally divorced and B was died at 2013 only. declared her as a civil death is wrong.." He filed a civil suite against us in district court. He filed a stay order also. we are waiting for the summon now.
Hope you got a picture of the case now..
Is it legal that some one can file a new case instead of reappeal after 12 years? how to handle this? please help...
