Cancelling exparte
Narayanan
(Querist) 10 January 2013
This query is : Resolved
Respected Sirs,
Recently Mr.A came to know that an exparte eviction decree[house rent case] has been passed against him and his brother after the death of his mother[died 3-4 years back] showing Mr.A as resident of petition premises and LR of his mother. Mr. A was not yet all tenant independently or under his mother. Mr.A was not yet all resided in the petition premises but during the life time of his mother address of petition premises wrongly reflected in some of their correspondence etc. In fact Mr.A residing in different city. One of his brother who is also not residing in the petition premises has contested the case. But court ordered Mr.A along with his brothers to hand over the possession. Mr.A was not aware of any such proceedings till few days back. Mr.A was not been served with any notice till now. Now the alleged land lord filed execution case against Mr.A and other brothers.What steps can be taken by Mr.A in order to get rid of binding of eviction decree on him which was passed at his back.
ajay sethi
(Expert) 10 January 2013
make an application to court for setting aisde exparte decree . mention that you have not been served with copy of proceedings as Mr A was not residing in said premises
Devajyoti Barman
(Expert) 10 January 2013
A decree can be challenged for its setting aside if it is passed ex parte under Order 9 Rule 13 CPC depending upon the age of the decree.
In your case the decree is passed ling back. You can apply but you have to explain the delay in a separate application u/s 5 of the Limitation Act.
Raj Kumar Makkad
(Expert) 10 January 2013
First of all you should clear your intention whether you just want yourself away from the property eviction matter or do not want the property to be got evicted.
If the earlier intention exists then no need to get the setting aside the decree rather make a statement before the executing court even without lawyer that you are not concerned with the property and you have no objection if the same gets vacated otherwise you should follow as advised above.
MohammedRaffiq Bijapur
(Expert) 10 January 2013
Have two options to challenge the exparte decree, 1) file Misc Petition u/O IX R 13 of CPC 2) prefer regular appeal(RA)narrating the irregularities in service of summons.
