Exparte order
ckanta
(Querist) 17 January 2015
This query is : Resolved
Sir,
I have filed one civil recovery suit against one person before ADJ Delhi .
The defendant has not appeared on couple of dates and exparte order has been passed which has been set aside by the court with cost and ground has been mentioned that he is old aged person with various ailments and his counsel also could not appear.Subsequently defendant again could not appeared for 2 dates and again exparte order has been passed aginst which now defendant has moved an application for set aside the same with same resons.I have talked with defendant and he told me that he has arranged a lawyer which gave him an assurance that He will delay the matters by putting these applications and you will not be able to do anything as it is his legal right and court shall again set aside the decree with some cost.I am shocked with his answer. Could you please suggest me some landmark judgements which I can quote in my arguments and will be able to succeed in rejecting his application.Please help. as defendant is misusing the law.
Thanks in advance
T. Kalaiselvan, Advocate
(Expert) 20 January 2015
Judgement copies are not furnished here, you may browse the same from legal websites namely indiankanoon.org
ckanta
(Querist) 21 January 2015
Could you furnished me the name of judgements so that I can search there.
Thanks!
