Cpc restoration of suit.

Querist : Anonymous (Querist) 24 November 2011 This query is : Resolved
i am tenant in one property since last 40years. in Hrp suit,court pass ex party decree in against me, now the owner file a darkhast for take peacful vacat possession for the suit property, the court pass x party decree for the judgement. what set a side the decree/? and demand for the suit decided on merits? under which sec of cpd i restore the application? i m the respondents in this mater and courts order in plantiffs favour?

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Raj Kumar Makkad (Expert) 24 November 2011
You file application under 9 Rule 13 read with section 151 of CPC and simultaneously file another application in execution petition seeking stay till finalization of your application filed seeking setting aside ex-parte decree.

V R SHROFF (Expert) 25 November 2011
Raise Objection of anyone affected , in Darkhast , to avoid immediate vacating the tenants,
Follow RK M advice.

Devajyoti Barman (Expert) 25 November 2011
If execution proceeding is filed then you have the option of either preferring an appeal and get a stay on judgement or file a petition under Order 21 Rule 87 of CPC in the Execution proceeding.