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Property attached wrongly

(Querist) 20 November 2017 This query is : Resolved 
There was a road accident case in which the court gave orders to attach property of accused and compensate victim's family. However victim's family got property of some other person attached, the name of the person whose property was attached and his fathers name were similar that of accused and his father. Now they have received summons that their property is attached in road accident case and will be auctioned. Do they need to join as a party to the case and appeal for staying auction or there is any other procedure through which they can ensure the court that they are not the ones who were involved in that accident case?
Guest (Expert) 20 November 2017
Unless and until the facts are disclosed to the Court your remedy would be uncertain
Guest (Expert) 20 November 2017
Discuss with local good senior advocate
Kumar Doab (Expert) 20 November 2017
They have received summons and must ASAP approach their very able senior LOCAL counsel of unshakable repute and integrity specializing in civil matters and update the court on wrongs done in the courts, with court and suffering persons.
Kumar Doab (Expert) 20 November 2017
Certainly discuss with Senior counsel as suggested of unshakable repute and integrity and having successful track record..
Harry (Querist) 21 November 2017
Sorry sir I think I didn't make my query clear. I want to know is there any other procedure than joining as a party to the case? Like affidavit from the original accused that the property attached doesn't belong to him Rather to other person with same name or any such affidavit from local mc or any other official. The main purpose being not to join as party to case and get relief by any other procedure.
Dr J C Vashista (Expert) 22 November 2017
The query is still vague and not clear.
Consult a local prudent lawyer.


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