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Daxesh (Software Mgr)     28 October 2014

Delay condonation by district court

Hi, I have a query and I hope this forum can help answer it. We won the case in the small cause court in Gujarat after 5 long years, the order was passed after the respondent party did not appear for the hearing for 5 years or did not put up a lawyer. After this Order, Decree was passed and we got the possesion of the property (For this also it took more than 1 year). During the decree and execution of the order, the respondent had appointed a Lawyer, They put up their argument but court ruled in our favor. After all this, Opposition party has filed for the Delay Condonation on the ground that the order was ex-party and they did not get chance to put up their argument. Respondent claimed that they never received any summons for the case. They also lied that the Lawyer they out up during decree and execution (That 1 year period) was not appointed by them. This is total lie and there are strong proof (Summons AD signed by party, Lawyer and the party's sign on Lawyer paper) etc. Even after all these, District court had condoned the delay and ordered in their favor that their appeal be registered accepting their version that summons were not served. The delay condoned is about 1 year. What options do we have to get the speedier resolution of this issue ? 1) Approach High court and appeal against the District court order on condonation of delay ? (We have strong proof but then many folks tell us that high court is likely to rule in the opposition's favor based on earlier history). 2. File some petition in the District court to review it's order with emphasis on the proof (Not sure if court earlier missed to see these proof. )?


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 2 Replies

BHUWAN RAJ 09839268489 (lawyer)     28 October 2014

Contest the appeal on merits. Regards Bhuwan raj, adv Cell 09839268489

Daxesh (Software Mgr)     29 October 2014

Dear Bhuwan Raj,

 

Thanks for your response. Do you mean, We should not appeal against the condonation of delay in high court but should fight the original Appeal raised by opposite party in the District court ?


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