About revision pitition in civil case(crp)

This query is : Resolved 

15 April 2018

In OS (written statement not file) Ex party Decree passed.After that defendants file I A (file petition to Set aside judgement after six months from judgement date ,and also file condolane petition), I A also dismissed due to do not show sufficient reasons .They do not show day by day dealy reasons. on which grounds they file CRP if its possible CRP Can allow.

Ms.Usha Kapoor (Expert)
15 April 2018

They didn't file written Statement in OP also. and it was set exparte and OP was decided in your favor. As per your version IA was dismissed in lower court because they failed too explain day to day delay with sufficient cause and hence it was dismissed.AGAINST Which they filed the present CRP.Chances of winning CRP are bleak.

Dr J C Vashista (Expert)
16 April 2018

1. Insufficient information to analyse and advise.
2. Absolutely misguidance by impersonating expert, I disagree.
3. Non-filing of WS was due to improper service of defendant, isn't it? Thereafter when ex-parte decree was passed by the Trial Court, does it need to file application for condonation of delay? Answer is NO. Time to file application u/o IX Rule 13 CPC for setting aside exparte decree/ order/ judgment start from the date of knowledge of such ex-parte order/judgment and decree.
4. There are number of inconsistencies in your post, consult a local prudent (senior) lawyer for better appreciation of facts and guidance.

P. Venu (Expert)
16 April 2018

Even,if there is laches on the part of the defendant, the CRP will be allowed if the ex-parte judgement has resulted in failure or miscarriage of Justice.

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