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Jayanti Devi (Student)     08 March 2025

Money suit for claim from real estate developer

If defendant is continuously absent in a money suit and keeping quiet without any objection or responding to summons then what is the way to excute an expatriat court order?

how to bring defendant to court ?

do plaintiff need to file injunction petition since property is under construction ?

or

plaintiff need to file an auction petition ?

anyone knows the complete process to force the defendant to come to court for settlement ?



 3 Replies

T. Kalaiselvan, Advocate (Advocate)     09 March 2025

Have you filed the suit for recovery or injunction?

If the defendant is not appearing even after receiving summons then the court can pass exparte decree.

You can follow the procedures to execute the decree as per law subsequently.

 

Jayanti Devi (Student)     09 March 2025

suit has been filed for recovery but since defendant is keeping absolutely quiet and neither objecting nor appearing would it be necessary to move an injunction petition to force them to appear?

exparte will be prayed if he doesnt appear second time

but question is how to execute the decree? defendant is just not responding at all just receving the summons and hiding.. is there any way to file a petition for auction for execution of decree?

T. Kalaiselvan, Advocate (Advocate)     09 March 2025

Injunction petition is only to restrain and not for forcing his appearance.

If he is not appearing and not represented by his advocate then the court will set him exparte but if his advocate is representing regularly then his presence is not essential.

If he has received the summons and is not appearing before court then the court will automatically set him exparte upon which you get an exparte decree by filing your evidence and then file an execution petition to recover the money by bringing his property under attachment and auction sale.


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