In our case the accused is called around 5 times by court but he is always filing EP and he is not attending... what is that EP is all abt and y he is not attending the court... we have not received any notice to fight against him in court...
Please suggest...
There is a time limit to file counter affidavit or objection in an EP. the court cannot refuse to accept the counter, unless you are set exparte. if you are set exparte then a petition to set aside exparte can be filed under order 21 RUle 106 of CPC. if such a petition is rejected then you can challenge it by filing a first appeal in a court of competent appellate jurisdiction.
Attachment can be lifted on furnishing sufficient security for the amount payable as per the decree.
