Civil Procedure Code (CPC)

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Bantaram Srinivas rao   15 October 2019

about set aside order in civil suit

Sir I filed a case for recovery
of possession in the year of 2009, the defendants received the notices but they are absent the concerned court ordered set aside order without filing of plaintiff ecidence and after set aside orders the defendants reopen the case and
the case is still pending in the jr civil judge the defendants counsel prolonging the case, now my quarry is can I file arrears of rents and mense profit on the grounds of set aside orders or how I get quick justice in my case, please advise me in my quarry

 1 Replies

G.L.N. Prasad (Retired employee.)     15 October 2019

Your advocate might have come to a logical conclusion of facts on the basis of the written statement filed in the suit. When a competent advocate is handling the issue, he is aware of the facts, as dates of the first judgment, the case filed for set aside, the grounds prayed in a written statement, reasons for seeking frequent adjournments must be  known to him.   As a party, you can only request your advocate to file a petition for expediting the matter.  The court may also grant costs for adjournment, and order for necessary remedies as prayed in your original plaint or deposition.  It is presumed that you have prayed for mesne profits and that includes the arrears of rent also.  If the proceedings have not commenced, you can still amend the prayers with permission of court.

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