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Ajay satish londhe   17 August 2017

Civil suit allow set aside

sir i had appeared before court on the side of defedant previous counsel filed time to file written statement but who fail to appear and filed written statement.thus the matter is fix for judgement i had filed seting aside no ws and no cross and permission to file ws i want a ciatation to allow set aside


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 2 Replies

Siddharth Srivastava (Advocate)     17 August 2017

You file application under order 9 CPC on available grounds. Consult a lawyer in this regard. There are various judgements in this regard. If required consult with details.

 

Azhagananth (Lawyer)     18 August 2017

Originally posted by : Ajay satish londhe
sir
i had appeared before court on the side of defedant
previous counsel filed time to file written statement
but who fail to appear and filed written statement.thus the matter is fix for judgement
i had filed seting aside no ws and no cross and permission to file ws
i want a ciatation
to allow set aside

Your Query not proper to under stand whether that , the court is going to pass an exparte decree of AFT Decree.

If Exparte decree is going to be passed or Order to be passed on order 9 rule 7 petition,

if Order to be passed on order 9 rule 7 petition: even now you can file the "written statement" before the date of delivery of judgment and put it the petition before the  date of Judgment. [along with with advance Hearing and emergent petition if needed].

filing of written statement alon with setaside petition, will be allowed. no citation is needed.

The court has the ample power to dismiss the application filed Order 9 Rule 7 petition with out written statement, even you place the Apex court Judgments. 

 

 

 


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