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Aftab4u (PVT EMPLOYEE)     24 March 2010

how to prove ?

Dear Experts,

 

How to prove that what the material received through the Register Post is not the same mentioned by the ex-partee.

My friend in law filed the cases of 498 , DV and Maintenance case against my friend is in the court and his in-law has not appointed any lawyer he is the party in person....after 3 years of trials and dates one day my friend has received the court orders that the maintenance is granted for the amount of  Rs.5000 pm as he has not attended the court even though the information from the Party in person so the ex-partee decesion has been made. Immediately we approached the Lawyer of my friend he is also helpless not giving any valid answer.

 

My friend has received the register post thats true but in that register post only he has received some blank white papers not any summons or any information from the court that he need to attend the court on said dates. How can we prove that the register post contains only the blank sheets not the material what my friend inlaw has mentioned.

 

Aftab



Learning

 2 Replies

Devajyoti Barman (Advocate)     24 March 2010

He should immediately appear in the court and state the happenings on affidavit and pray for recalling the ex parte order for fresh hearing. As the order was passes not in merit then there is a strong possibility of fresh hearing. If not then High Court is to be approached in Revision.

Adv. Biju Gopal (Advocate FAMILY LAWYERS Kottayam Kerala www.familylawyers.in)     25 March 2010

I agree with Devajyoti Barman


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