Reopening of decreed suit

b B Raju (Querist) 26 May 2017 This query is : Resolved
I have filed an injunction suit against the defendant. The suit was decreed exparte. The defendant filed set aside petition showing some silly reason. The court allowed the petetion and opened the case. Again the defendant failed to appear before the court at defendant evidence stage. The court second time decreed the case. For complying the decree I have filed EP. The defendent appeared before EP procedings and once again filed a petetion praying that due to some reasons he couldnot appear in the suit procedings and hence he now request the court to reopen the case. This is the present status.
My question is can a defendant can file a reopen petition at EP stage and is it maintainable?

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Guest (Expert) 26 May 2017
It all depends on the Consent of Court.

Rajendra K Goyal (Expert) 26 May 2017
All depend on the court and facts of the case.

You should oppose the move, if no stay granted on EP, prey the court to continue the EP.

If court allows his application, may go for appeal.

Advocate Bhartesh goyal (Expert) 26 May 2017
Though it depends on the facts and circumstances but you should raise strong
objections as ffiling again and again the petition for setting aside ex-parte decree amounts to abuse of process and act of negligence.