Exparte evidence
pawan kumar
(Querist) 14 February 2012
This query is : Resolved
summons were served to defendents and he put in his appearance also. his advocate appeared in subsequent date asking for adjournments and asked for some document which was provided. on subsequent dates defendent as well as his advocate stop appearing in court.and did not file written statementalso. court after giving 8 adjournments put costs which were not paid by defendent and court struck defence and put the case to ex parte evidence of plaintiff. is this is acase of ex parte if it is so it is not favourable to me. as many people say once court decide ex parte defendent will apply for setting aside the decree/judgement. pl. guide
venkatesh Rao
(Expert) 14 February 2012
I am astonished how and why on the earth you experts reply like this.
Dear pavan kumar, the defendant is at liberty to seek for setting aside of exparte decree either in the very court which passed the decree or in the appellate court. Even if the defendant chooses not to file WS, it can not be taken for granted that the suit is going to be decreed. The court will scrutinise the prayer, evidence and documents and pass necessary orders.
pawan kumar
(Querist) 14 February 2012
mr.rao,it means indian legal system is mockery. defendent is insulting court by defying repeated dates, still he is entitled for relief by getting decree set aside. in the given case defendent is tenant and defaulter in paying rent enjoying property not replying court still you say he can get decision set aside will you explain in detail
