Setting exparte decree under order 9 rule 13 cpc

ckanta (Querist) 09 June 2018 This query is : Resolved
Respected Experts,
I have filed case for recovery of money and summons were served on Daughter in law of the defendant in the year 2012 and he could not appeared and court has passed exparte decree against him. In the year 2017 i have filed execution and summons were sent to him for execution proceedings and again it is received by the same daughter in law. but he has not appeared and then baliff has gone to his house and get the payment in form of Cheque in favour of court and J.D. stated that he has no knowledge of the case and now he has moved application in the executing court and stated that he has no knowledge of the case and execution as all the summons received by her daughter in law and there is DV case pending and we don't have normal relations My query is whether any judgement is there to rebutt his statement as it seems that there is collusion between them as daughter in law is residing in same house for 7 years but case is pending for DV and defendant is simply giving execuse that no service on me and her daughter in law has not told him about the case. Can i get some judgements and suggest whether his ground given in application is legally sustainable or not.

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Guest (Expert) 10 June 2018
Collusion between the accused and his daughter in law can be proved by some definite proof, but not by any judgment in others cases.

However, if your object was to recover the amount in question and the same has already been accepted through cheque of the accused by the court, you may claim the same from the court of law.

But if your case is for some other motive, you may better rely on your own lawyer or collect some good proof against his statement.

Ms.Usha Kapoor (Expert) 10 June 2018
In your recovery of money suit court has accepted payment by cheque of the accused by the court you may claim the same through court of law.collusion between daughter in law and accused can be proved by some direct proof and not by the judgment of other cases.

Dr J C Vashista (Expert) 11 June 2018
There are some conflicting statements in your query, it would be better to rely upon your lawyer or consult some other prudent local lawyer with case file.

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