Relief for costs!
Gagan Souri
(Querist) 05 January 2012
This query is : Resolved
I am party to civil suits(maintenance & divorce)
My case was in city A and I am in City X
I attend first adjournament with my lawyer.
On the third adjournament Petitioner got got ex parte decree on her favour for both suits on same day in teh same court.
Later i came to know that my lawyer did not attend.
Further, I was charged with costs due to absence of my lawyer.
Now i am unemployee and am facing Cr charges (498a)
Que?:
Wud ther b any relief for me to avoid paying(as i cant pay) the said cost/charges ordered by Court.
Any options/reliefs under any provisions to
avoid paying.
Advice though you sugestions
Devajyoti Barman
(Expert) 05 January 2012
First file applications under order 9 rule 13 of cpc to set aside the ex parte decree. The issue of costs would be taken care of automatically.
prabhakar singh
(Expert) 06 January 2012
Yes! right .Your required move is to file for setting aside exparte decree.
Rajeev Kumar
(Expert) 06 January 2012
Yes you should file a suit for setting aside ex parte decree
Raj Kumar Makkad
(Expert) 06 January 2012
Barman! Cost is the result of the application. His application has been accepted subject to the payment of the cost which the author is unable to pay.
In the given circumstances, let the ex-parte decree of divorce passed in favour of your wife as even you cannot maintain her. It is your legal liability to maintain her but if you fail to do so, court may also send you behind bars. let further action on the part of your ex. wife be taken into consideration.
