DEAR FRIENDS,
CAN ANY BODY HELP ME IN PROVIDING THE CITATION DIFFERENCIATING BETWEEN THE "DOCUMENT" AND "INSTRUMENT"
Dear friends,
In a Consumer dispute the Opp.Party had filed his written version and the same is accepted by te forum and in the next date neither the party nor his advocat could attend the forum due to some unavoidable circumstances and in the subsequent date the forum passed exparte order. Now can it be resotored under order 9 rule 13 of the C.P.C ?
Dear Seniors
The Application under order 7 Rule 11(d) came to be rejected by Co-Operative Court. The respondent is agitataing that the dispute is barred by limitation i.e. the same is filed after 6 years.
From the ruling reported in 1997 (1)ALL MR 193 it appears that the proper Forum is High Court.
Please advise what is proper forum to approach against the said order passed by the co-operative court
Regards
Rohit
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"A" had obtained decree of permanant injunction against "B" not to interfere his possession over suit property.By this judgement, ownership of "A" over suit property was confirmed This decree is confirmed as "B" has not filed any appeal agaianst the judgement & decree.
After 5 years "B" has obtain decree of mandatory injunction againast "A" over the same suit property - i.e to remove the construction over the suit property.
Upto high court, the decree agaianst "A' is confirmed.
Unfortunately, "A" and / or his then advocate has failed to convince Court about previous decree. Fact of Previous decree was remained untouched in next suit.
Now "B" has filed execution proceedings against "A". Further, "A" wants to file execution proceedings against "B" as decree against "B" as mentioned above is still unchellenged. No question of limitation as both decrees are within 8 years.
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