Defendant wants to defend suit at stage of judgment in an undefended suit
Bhaven
(Querist) 23 April 2017
This query is : Resolved
Notice was duly served upon the defendant in a civil matter. The matter was listed before the court, wherein the defendant did not appear and hence, no written statement order was passed and the suit was transferred to the list of Undefended Suit. The Defendant neither appeared nor appointed an advocate to represent them before the court. However, the defendant failed and neglected to take any steps for more than 9 years. Now at the stage of Judgment, a alleged "sucessor" of the defendant has made an application to to the court to allow him to defend the suit. Kindly let me know if there is any provision governing such a situation and any judgments that might help me in getting the application dismissed. The matter is before the Bombay High Court. Many thanks in advance!
Dr J C Vashista
(Expert) 24 April 2017
The LR of defendant can apply to the Court to defend the case.
Being formal such an application will be allowed by Court. However, judgments/ citations are to be searched by you.
P. Venu 
(Expert) 24 April 2017
The law always prefers the matters before it to be decided on merits.
R.K Nanda
(Expert) 24 April 2017
citations not supplied.
Dr J C Vashista
(Expert) 24 April 2017
Thank you Baalasubramannyamm ji for agreeing with me.
Dr J C Vashista
(Expert) 25 April 2017
Thank you Ms. Usha ji for agreeing with me.
Dr J C Vashista
(Expert) 26 April 2017
Thank You Goyal ji for agreeing with me.
Bhaven
(Querist) 26 April 2017
Thank you all
krishna mohan
(Expert) 28 April 2017
Well advised by Dr. J.C. Vashista. I am also of the view court shall consider based on merits.
