i received an exparte order in 2015 and the execution petitoion was filed in 2015 in tamilnadu and then it was trasnfered to kerala court for execution , The party was well aware of the court case and summon she rejected she kept doing that for four years and one fine day i caught the party rejecting the court process server notice by saying its wrong address , it was recorded in video using spy cam.
the party has come to chennai and filed section 5 condolence of delay along wtih an iterim stay application and also filed proof of affidavit
i would like to know does section 5 requires proof of affidavit and cross examination required or the party has to file affidavit and goes for arguments ?
Many telling me that there is no proof of affidavit in interim application then why file and go for cross examination
Could som one help me with this and how to expedite this case and get her condolence of delay dismissed.