Money suit
sankar Krishnamoorthy
(Querist) 09 July 2014
This query is : Resolved
I AM RESIDING AT POLUR.I FILED A MONEY SUIT,IN THE DM COURT,IN THE
YEAR 2012.THE RESPONDENT DID NOT APPEAR FOR ANY HEARING AND I GOT
EX-PARTY DEGREE IN MY FAVOR.
THEN AFTER GETTING THE CA,I FILED EP ,IN THE SUB-COURT ,WHERE THE
RESPONDENT RESIDES.THERE ALSO HE NOT FILED ANY COUNTER,AND ON THE DATE
OF LAST HEARING THE JUDGE GAVE THEM LAST CHANCE,FOR FILING COUNTER
AND STATEMENT,ON NEXT HEARING.
IN THE MEANTIME THE RESPONDENT AGAIN FILED A SET-ASIDE PETITION IN THE
LOCAL DM COURT WHERE THE EX-PARTY ORDER WAS ISSUED.
SIR,WHAT WILL HAPPEN TO THE EP CASE AT SUB-COURT AT ARNI?
CAN MY COUNSEL OPPOSE THE SET-ASIDE PETITION IN LOCAL DM COURT,WHEN IT
WILL COME UP FOR HEARING?
CAN WE RUN BOTH THE CASES SIMULTANEOUSLY?
WHAT SHOULD WE DO IF AGAIN THE RESPONDENT,DID NOT APPEAR AND LEAVE THE
CASE EX-PARTY ?
WHAT IS THE WAY TO COLLECT MONEY FROM HIM?( HE IS IN BUSINESS,AND
LIVING IN THE JOINT PROPERTY)
HOW MANY TIMES CAN A RESPONDENT LEAVE THE CASE EX-PARTY ?
KINDLY GUIDE ME.
THANK YOU SIR.
REGARDS,
SANKAR S.K
Devajyoti Barman
(Expert) 10 July 2014
You can oppose the setting aside in DM cOURT.
Generally ex parte order is set aside of any probable cause is shown.
ajay sethi
(Expert) 10 July 2014
court will permit setting aside of exparte decree on payment of costs
Rajendra K Goyal
(Expert) 10 July 2014
Repeated query:
http://www.lawyersclubindia.com/experts/Money-suit-483166.asp#.U74VUbFKqsw
T. Kalaiselvan, Advocate
(Expert) 10 July 2014
The exparte decree can be set aside by the court if the reasons are found to be genuine. Once the main suit is restored, the EP becomes infructuous. Be in touch with your lawyer.
