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Baaji   12 April 2017

Urgent advice on exparte

Sir ..i filed a case for my property divison.... my opponents were not attending court...so judge declared them as exparte... is there any chance for my opponents to re enter into case.... if so..how can i raise objection against them


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 4 Replies

Sachin (N.A)     12 April 2017

They can file application to call back exparty orders, generally court allow that after imposing cost on applicant.

Tushar Jha (Advisor)     12 April 2017

Yes, Opposite Party can re-enter the case by filling an application under Rule no.13 of Order IX in the Code of Civil Procedure, 1908 to set-aside the Ex-parte Decree given in your favour.

However, the Court will not simply set aside the ex-parte decree given in your favour 'without' issuing you a notice informing you that such an application has been filed against the decree granted in your favour.
Court will issue you a notice under Rule no. 14 of Order IX of the Code of Civil Procedure, 1908 to show-cause as to why ex-parte decree should not be set aside.
Then, you have to contest in order to protect the decree/order given in your favour. After hearing both sides the Court will decide whether the Ex-parte decree should be set-aside or not.
If your ex-parte decree/order remains unchallenged for 3 months from the date of Decree, then your case will attain finality meaning the opportunity for opposite party to appeal against the Ex-parte decree/order will be barred by Limitation.

However, even after 3 months the Opposite Party can appeal against the Ex-parte decree provided the delay in filling the appeal has been condoned by the Court under Section 5 of the Limitation Act, 1963.
Delay can be condoned by Courts on medical grounds, death in a family, absence due to particiaption in some family functions due to which the Opposite Party was unable to contest the Lawsuit.
Furthermore, in property cases people don't give up fights (read : Court Battle) easily. In fact, anything which involves money, assets, wealth & property; people fight or contest till the highest Judicial Forum (i.e.) Supreme Court of India.

Good Luck.
All the Best.

Baaji   13 April 2017

Sir D1 and D2 are having same lawyer...after exparte only D2 has filed a written statement... D1 hasnot filed any...its a joint property.... Does statement by D2 will be sufficient for D1 also

Baaji   13 April 2017

Sir D1 and D2 are having same lawyer...after exparte only D2 has filed a written statement... D1 hasnot filed any...its a joint property.... Does statement by D2 will be sufficient for D1 also

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