Case- set exparty
sree 9491505984
(Querist) 04 July 2013
This query is : Resolved
Hi experts,
A case filed against us in Endowment tribunal that we have encroached a property of a Temple. But we have bought it from a seller and we have a sale deed to that effect and our name was included in local govt.records. we gave it to a local lawyer and we paid him fee. one day we have received a judgment from that tribunal saying that because of no representation from respondents ultimately case set ex-parte. accordingly judgment came against us. we shocked to see it. because we have paid to the lawyer substantial fee still why it gone to ex-parte that we don't know. now my question is do we have right to go for appeal on it? my doubt is having no representation in lower court can we pleed in superior court? Please reply me.
ajay sethi
(Expert) 04 July 2013
wellsend a letter to your lawyer by regd post mentioning aforesaid facts . you ought to have attended court on every date . you have also been negligent in your approach . you can make application for setting aisde order mentionig the gffact that your lawyer whom you had engaged did not appear . or go in appeal against the order
Raj Kumar Makkad
(Expert) 04 July 2013
You have 2 options. One is to move an application before the same court seeking setting aside the ex-parte order and judgment and second is to file its appeal before the upper court. The limitation to file in both options is 30 days from the date of judgment so make haste and don't be lethargic like your earlier behaviour. Merely engaging the lawyer is not sufficient.
Rajendra K Goyal
(Expert) 04 July 2013
well advised by the experts, no more to add.
R.K Nanda
(Expert) 04 July 2013
nothing to add.
prabhakar singh
(Expert) 04 July 2013
Better exercise option of restoration stating all circumstances supported by affidavit after serving notice upon your lawyer who did not attend court.
Raj Kumar Makkad
(Expert) 04 July 2013
Restoration is beer option because thereafter the chance of appeal do remain with you.
