Decree order from KKD Court because of Exparty!

Querist : Anonymous (Querist) 05 August 2011 This query is : Resolved
Dear SIRS,

I need your help;

Opponent party has filed a case against us for recovery of some amount which has already paid to him, but it was not written.

We got the notice from the court 6-8 months back regarding the case which he filed, but spoke to him and it was compromised. and we did not appear in the court.

Now after 6-8 Months, we got the notice from the court of decree because of exparty case. Now we hired a advocate and we appear in the court but the Judge is not ready to listen our arguments because of exparty case. and he has given us 7 days time to pay the party the full amount. And out advocate suggest us to compromise with party off the court.

I need your help that now what can be done in this case. We do not have that much money to pay him.

Regards,

Rahul

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ajay sethi (Expert) 05 August 2011
1) do you have any proof that payment has been made to opponent?
2)in case you make an application for setting aside exparte decree court directs you to deposit the maount in court .
then order for exparte decree is set aside
3)whether any such order was passed that money be deposited within7 days or was case simply adjourned

Shastri J.K. (Expert) 05 August 2011
At first you make an application for setting aside exparte decree.with application for stay of execution of ex-party decree.

M/s. Y-not legal services (Expert) 06 August 2011
dear author, court cannot direct you in that manner..
so just you file a petition to set aside the exparty decree.. along with condone delay petition..

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