Challenging ex-party decree

pardeep pateyar (Querist) 27 August 2017 This query is : Resolved
r/experts,
i wants to challenge a ex-party decree on the ground that the court which passed the same was not having local territorial jurisdiction. i wants to know in which court the said ex-party decree can be challenged, the same court which passed it or the superior court or the court having local territorial jurisdiction over subjectmatter of suit.

thanks with regards

paredeep

Follow Query

Report Abuse

Ms.Usha Kapoor (Expert) 28 August 2017
IN EXECUTION PROCEEDINGS YOU CAN CHALLENGE THE EXPARTE DECREE ON THE GROUND OF COURT HAVING LACK OF JURISDICTION AND IT'S A NULLITY UNDER SECTION 41 CPC.. ALSO YOU CAN FILE APPEAL AND CHALLENGE THE EXPARTE DECREE ON THE GROUND OF TRIAL COURT LACKING IN TERRITORIAL JURISDICTION IS NULLITY under section 41 CPC IN A SUPERIOR/HIGHCOURT.

Rajendra K Goyal (Expert) 28 August 2017
Please state clearly the brief material facts and which court passed the orders, when.

Dr J C Vashista (Expert) 29 August 2017
What was the reason/ground for passing an exparte decree?
Entire case file is required to be shown to a local prudent lawyer, however, nothing can be inferred from the given facts of the case.
What is the opinion and advise of your lawyer? If you have lost faith in your lawyer change him/her immediately.
What for do you need a second opinion, except the fact it is available FREE of COST?

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now