Final decree

rajvinder singh (Querist) 10 April 2012 This query is : Resolved
the suit for possession by way of partition is decreed ex parte.preliminary decree has been passed,now appliaction for passing final decree has been made,now what can defendants do at this stage where the patition mas made in writing in 1960 and all cosharers took thier possession and some took moneyt

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Raj Kumar Makkad (Expert) 11 April 2012
The defendant should file an application seeking setting aside ex-parte order and once it is set aside, he can file his written statement as per facts of the case and the court is bound to consider his pleading while passing preliminary decree or dismiss the suit.

rajvinder singh (Querist) 11 April 2012
thanx sir,but my query is what shold be pleaded in arguments on application for final decree

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