Exparte decree

pawan kumar (Querist) 18 February 2012 This query is : Resolved
in civil suit defendent after accepting summons and asking for some documents which were given and subquently did not appear nor filed w/s,despite various adjournments case proceeded ex parte. can it be set aside. arguements as well as exparte evidence also conducted in absence of defendent. pl. guide under what circumstances decree exparte can be set aside. also pl. tell differnce between setting aside decree and appeal in higher court against exparte judgement

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prabhakar singh (Expert) 31 March 2012
HE CAN FILE RESTORATION PETITION TO SET ASIDE THE EXPARTE DECREE PROVIDED HE HAS CONVINCING REASONS OF HIS ABSENCE OR IN ALTERNATE HE MAY CHOOSE TO FILE APPEAL ALSO.BUT ALL THIS WITH IN 30DAYS FROM DATE OF DECREE OR WITH DELAY CONDONATION APPLICATION.

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