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Blood relation issue

(Querist) 21 October 2017 This query is : Resolved 
I have a case that : A father filed the case on daughter to eviction

daughter after receipt of notice she has not appeared before the Court
Exparte Decree passed by the Court
After wards she was came with a application Order-IX Rule 13 with Section 5 Limitation Act.
290 days delay the Section 5 Limitation Act petition on merits it was dismissed by the Court
There upon she filed a civil revision petition . in pendency the father died , the CRP court passed the order as "The necessity for this Court to deal with the matter in detail is obviated, on account of the fact that the sole respondent is said to have
died on 01.04.2013. Had the petitioner been a third party, this Court would have insisted her to bring the legal representatives of the deceased respondent on record. She happens to be the legal representative of the respondent. If there are any other legal representatives to the respondent and they intend to execute the decree, it shall be open to the petitioner to renew her efforts to get the decree set aside. In such an event, the order under revision shall not be treated as final and this Court permits the petitioner to put forward her contentions afresh.

During the life time father executed a registered will in favour of his son.

As a bonafide successor In the year 2014 the son came with a application in execution proceedings substitute him in place of Original decree holder, After filing this petition court issued notice to the defendant.

Defendant appeared before the court and taking several adjournments

In the year 2017 she again came with Section 5 2943 days delay filed a petition along with this without adding the legal heirs filed another petitions Order 22 Rule 4 and Order 22 Rule 9 no proper cause title .

She played a fraud and now the execution proceedings stopped.

Guide me how to defend the fraud lady

with citations

Regards
A. A. JOSE (Expert) 22 October 2017
Considering the protracted history of litigations, it is felt that you may better consult a senior lawyer practising at your local place.
Rajendra K Goyal (Expert) 22 October 2017
Without referring full case file / material facts / related documents / court orders, nothing can be advised. Discuss with some senior lawyer.
Kumar Doab (Expert) 23 October 2017
Agreeing with Mr. A.A.Jose.Baroda, Mr. Rajendra K Goyal....

and with limited understanding; The deceased father seems to have initiated right actions in his life time i. e. eviction proceedings against fraud lady as posted by you and leaving a valid WILL.
The deceased father has left his legacy for his son.

Probably you are the son.
Approach a very able senior LOCAL counsel specializing in Civil and testamentary matters having successful track record and expose the said fraud of said fraud lady to court......


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