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sudhirghabasu (advocate)     05 August 2024

set aside exparte decree

sir madam not complied with. subsequently exparte decree was passed. now I have filled a petition to s aside exparte decree.
court says set aside petition to set aside exparte decree cannot be filed. I have argued the case.
court says when conditional order was not complied with the petitioner cannot seek set aside exparte decrees
I am a practising lawyer. I have filled a petition to set aside exparte order passed by family court. I am assisting the husband referred by District Legal services authority.
the family court was please to set my CL exparte. subsequently I have filled a set aside petition. in which a conditional order to pay Rs 5000/ to the wife was passed. unfortunately conditional order was .
the court seeks precedents.
can you please give your valuable suggestions and opinions.
with regards
Sudhir Basu advocate


Learning

 2 Replies

Alisha Kohli   05 August 2024

Which decree u r talking  about 

T. Kalaiselvan, Advocate (Advocate)     06 August 2024

You can file a revisioon petition before high court seeking to extend the time limit set for complying the conditional order and permit you to pay the costs for as a condition to set aside the exparte order.

There is a delay in complying with the conditions hence you may seek to condone delay through high court


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