to challenge a decree
rajvinder singh
(Querist) 20 January 2010
This query is : Resolved
a suit was filed by plaintiff for of permanent injunction restraining the defendant to construct the roof/projection and decree was passed in his favour.
the suit was against the father and his four sons.the father on appeared as defendant no.1 and others didnot appear before the court.now what happend the sons were not proceede exparte.the father was not the attorney of his sons.during the evidence of defendant the father died and the evidence of him was closed by order of court.then the decree was passed in favour of plaintiff.
now we want to challenge the decree can it be challenged or we should file application to corect the proceeding u/s 153
pls reply
rajvinder singh
(Querist) 20 January 2010
further i want to clear thge court rather proceeding exparte against the sons who are defendant no.2 to 5 has written in the final judgement that the councle has appeared on the behalf of all the defendants.the sons have not signed any poa in favour of advocate.how the court can pass decree against all the defendants who have not appeared before the court.how this can be challenged
Prakash Yedhula
(Expert) 20 January 2010
You need to peruse the records to see whether vakalat has been filed for the sons too or whether the sons were set exparte. If they were set exparte, then an application to set aside the exparte decree needs to be filed. However, if vakalat is filed for the sons, then the court ought to have closed the evidence on the defendant's side before pronouncing the judgment. Also, since the father died pending the suit, it is to be seen whether any application to bring his legal representatives was filed. Therefore it is better to peruse the records to find out the factual aspects. In any case an application under Section 153 would not lie.
rajvinder singh
(Querist) 20 January 2010
sir i have verified the records where the poa was filed by the father not by the sons as the sons have goone abroad now hoe the court can pronounce the judgement against all the defendants ,as it is written in the judgement "advocate....... for the defendants"this is the wording used in the judgement sir pls reply me how this error of the court can be corrected.
Arvind Singh Chauhan
(Expert) 21 January 2010
Go through report on summon issued to sons, and order sheet also. If there is no service and no Vakalatnama. File an apeal.
