Protest petition for reopening dismissed suit

Balaji Bakthavathsal (Querist) 16 October 2022 This query is : Resolved
Respected Learned Lawyers,
An appeal suit challenging the ex-parte judgment/decree was dismissed after six years of pendency due to default of the appellant. It is learnt that the appellant has submitted an IA to reopen the appeal suit which is yet to be accepted by the court. At this stage, can we, who got the ex-parte judgment in our favour, file a protest petition by means of an IA with the prayer not to accede & accept the reopening petition of the appellant before he submits his IA petition ? If there is any citation on this, kindly intimate.
Thanks & regards
Balaji

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Quick Summary

A lawyer is seeking advice on filing a protest petition to prevent a dismissed appeal suit from being reopened. The appeal was dismissed after six years due to the appellant's default. The opposing party wishes to object to the appellant's application to reopen the case before it's formally accepted by the court. Advice suggests waiting for the court to issue notice on the reopening petition, then submitting objections.

Advocate Bhartesh goyal (Expert) 21 October 2022
Court will not accept his IA ex-parte, Court will issue notice and you will get the opportunity to submit reply of IA then submit your objections on IA.

Balaji Bakthavathsal (Querist) 23 October 2022
Thank you Sir for your reply.

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