(Guest)

Legal Query

I am having two queries.

1. By which law Leave and license agreement is governed?

2. In one civil matter, money recovery suit, order granted agaist us in lower court. If lower court has given an order that ‘Uncontested’, and later passed its judgement against us, then can we set aside that order in the same court? Because we had not been in the court for several years hence, court ordered as ‘Uncontested’. As time for filing an application of setting aside has already been lapsed. Secondly, shall we move for high court or shall we set aside that previous order of same court by putting a delay condonation application? Because, as per the order of Judgement, We have to pay at least 5 lacks to the plaintiff. We are defendent, and in order to move in high court, we need to deposit at least 50% amount. Now We are confused about:

A. Shall we move to high court?

B. Shall we set aside order of lower court which shows as 'uncontested', but time lapsed.

C. Shall we move towards compromise?

We are confused. Now Please suggest on urgent basis please

Regards,

JIVAN BHOSALE.

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3 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 02 February 2011

1. transfer of Property Act .

2.A. Either to District Court in appeal or in the same court seeking setting aside impugned judgment.

B. You may also do so and delay condonation application is must. You shall have to plead such unavoidable circumstances which prevented you to come to the court within the stipulated time to get setting aside such judgment.

C. If comprmise arrives between the parties, it is best for all.