Trial
Rasheedkhan
(Querist) 29 July 2015
This query is : Resolved
Kindly, clarify me. District Munsif dismissed suit based on compromise. restore petition filed by plaintiff again dissmissed by District Munsif. Appeal Made Sub Court, Sub court ordered to restore original suit. Defendant in Original suit approached High court Civil Revision Petition set a side sub court order to restore. Now, District Munsif proceeding trial!!. (No stay issued by High court) If defendant not contest, If District Munsif grant exparte decree!!. What will happen to CRP at Madras High Court. If High Court pronounce set a side of Sub court order!!. What a remedy will be taken by plaintiff in original suit at District Munsif.
M/s. Y-not legal services
(Expert) 29 July 2015
there is a stay by high court mean defendant need not to contest the original suit untill the stay vacate by the high court.
trial court can not pass any exparte order against defendant.
but in your case no stay by high court. if it is so then district munsif court can proceed further.
Rajendra K Goyal
(Expert) 30 July 2015
If there is no stay from High Court, lower court can proceed trial.
P. Venu
(Expert) 30 July 2015
Are ou the Plaintiff or the Defendant?
what do you mean by "District Munsif dismissed suit based on compromise"?
Rasheedkhan
(Querist) 30 July 2015
Mr. P. Venu, undue influence, coerced compromise. suit dismmissed and again filed restore same court IA also dissmissed. appeal at sub court set a side district munsif order IA. And case restored. Defendant approached High Court, NO STAY ISSUED YET. But, District Munsif wants to proceed the case to issue Judgment. Defendant reluctant to contest case. If Denfendant not attend Original Suit at District Munsif court, Ex parte decree is valid or? If High Court allowed CRP. what is result of Exparte decree?.
