Ex-parte decree

vikrant guleria (Querist) 08 November 2011 This query is : Resolved
in a case a decree has passed exparte against me on 16-8-11. it comes to my knowledge on 28-9-11 when its order copy has exhibit in a case against me by same complainant. can i now file application for set aside it.

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prabhakar singh (Expert) 08 November 2011
As the exparte decree has come in your knowledge on 28.09.2011,the time to get it set aside being 30days has stood expired on
28.10.2011 so right from 29.10.2011 your application is running time barred and a delay of 10 days has already been caused.
I do not know when you are a litigant contesting in courts why you could not be advised to file the required restoration under order 9 rule 13 of C.P.C.within time of 30 days from the date of knowledge of the exparte decree.

Any way you should now earliest move the application along with a delay condonation
application the reason of the delay caused showing the reason that prevented you from moving the application well within time.
So now in addition to application u/o9r13 you also need another application u/s 5 of limitation Act to condone the delay caused in filing then restoration.Should you take any medical ground ,make sure you get medical as well as wellness/fitness certificate before moving the application.
you should also be aware that if medical is the ground of your delay then you must not be shown to have a personal presence at any public office or court.

Guest (Expert) 08 November 2011
i totally agree with Mr. Parbhakar and if the reason for the delay is else than medical then it must be justified and actually believable so be careful for that and with complete precautions.

ajay sethi (Expert) 08 November 2011
yes agree with mr prabhakar singh

Rajeev Kumar (Expert) 08 November 2011
Yes I totally agree with Prabhakar sir

Selvam Perumal (Expert) 08 November 2011
Yes I totally agree with Prabhakar sir

Shailesh Kr. Shah (Expert) 09 November 2011
I agree toooooo.

Heaven 2011 (Expert) 09 November 2011
Well explained Dear Prabhakar Sir.

Prasan (Expert) 09 November 2011
yeah, i agree with prabhakar ji. at the earliest file petition for setting aside alongwith the application for condonation of delay.

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