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Exparte - set aside- civil suit

hello,
how easy is it to set aside a exparte order in a partition suit,hindu joint family property, case wher a defendant failed to file a WS inspite of filing a vakalat and the case has already been decreed in the favor of plaintiff recenly before a month. this is for a prperty that is worth 90 lakhs in mysore. this is at a district court.
i approached few lawyers  and some genuine say i dont have a stand and some charge exhortbitant fee just for the set aside  or some even say there will a hefty fine to be deposited at court to get the terms of the ex parte set aside to be met? is that true.how much is expected to be deposited if there is a conditon put forth..will the plaintiff counsel has any say to reject this request?

 



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 2 Replies

Vijay Raj Mahajan (Advocate)     01 October 2017

Setting aside ex-parte decree depends totally on what ground you seek it, what genuine reason you had for not filling your WS and moving out of the proceedings. Condonation of delay in WS and non-appearance in the court on the fixed date can be allowed on the condition of paying cost to opposite party. The cost is a reasonable affordable amount and not so hefty amount that will not be affordable by the defendant. Do move application for setting aside ex-parte decree asap without further delay more delay you make more difficult it will be for you.

Siddharth Srivastava (Advocate)     01 October 2017

It depends upon the ground of non appearance on which basis set aside of a decree is sought. There is no fixed fee of a lawyer so it is not correct to say that the fee of a lawyer is exhorbitant. Consult a good lawyer.

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