balaji n 27 December 2020

Interlocutory application

Hi experts,

I filed a property partition suit in 2017 and won in 2019 with 9 out of 12 opposite parties marked as ex parte and 2 of them just producing their counsels but no written affidavits and arguments.

Judgement given in 2019 and copy recvd.

Now when we filed IA for execution of partition 2 of them want to appear and argue the case ....

Will this be entertained by court.

They never came for 3 years and suddenly want to argue and run the case, they have filed some statements now, my question is will the court consider it ..... they were duly served during the main case the same is mentioned in judgement as well......

Thanks in advance for the responses

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3 Replies

Advocate Bhartesh goyal (advocate) 27 December 2020

In executive petition opposite parties can not put their defence.Execution court can not go behind the degree .Executive court has to executie the degree as it passed by the civil court.opposite parties have option to get set-aside degree by filling Petition under order 9 rule 13 cpc and if court funds sufficient cause for their non appearanc then and only then set aiside the degree else execute the degree.

P. Venu (Advocate) 28 December 2020

All that could be done is to object to the IA for reinstatement. You have fair chance since, though majority of the defendants remained ex-parte, the suit has been decided on merits.