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Grounds for setting aside the decree

(Querist) 30 July 2015 This query is : Resolved 
My father was a government employee and he passed away in January 2008 and one of his colleague had filed a money recovery case saying my father had borrowed money from him and he has a cheque to that effect and he made me, my mother and the bank party where my father was working, to withhold the benefits payable to my mother on death of my father. The Bank received the summons were as I and my mom didn't receive the summons and at that time, the court had not stopped or objected for non payment of his benefits. The Bank had asked me to get the order sheet from the court so that they release the payment. I applied for the entire set of the order sheet and submitted to the bank and the payment was released. He has forged my father's signature and has made a promissory note and also a notorised affidavit of my father saying that in failure of non payment of the loan amount his legal heirs will make the payment. I discussed the issue with the advocate, he told me that once when you receive the summons to approach him and I never received the summons and after two months I vacated the home and moved to a different place in the same city. I again check with the advocate he told me once I receive the summons, I should contact him. Hence I didn't receive any summons and recently I received an expatiate decree to release the payment, on what grounds can i file a case for recalling of the case and any citations which can help me to recall the case, please help
Kappil Cchandna (Expert) 30 July 2015
Sir,

You were never made a party, move an application under Order 9 Rule 13 CPC for setting aside the decree.

Warm Regards
Kapil Chandna Advocate
9899011450
ADV-JEEVAN PATIL, MUMBAI (Expert) 30 July 2015
Agree with expert Chanda for setting aside order
M/s. Y-not legal services (Expert) 31 July 2015
better you have to appoint an advocate to act on behalf of you. he wil take care of you
Rajendra K Goyal (Expert) 31 July 2015
Consult your lawyer and move to set aside the ex-party decree.
P. Venu (Expert) 31 July 2015
Even otherwise, retirement benefits are not attachable. So also, the benefits you mother had received does not constitute the estate she had inherited from her husband.

Moreover, even if such amounts are attachable, the proper garnishee is the Department concerned and not the Bank. The Bank is overreaching.


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