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Bhaven (Professional)     23 April 2017

Defendant comes at stage of judgment in an undefended suit

Notice was duly served upon the defendant in a civil matter. The matter was listed before the court, wherein the defendant did not appear and hence, no written statement order was passed and the suit was transferred to the list of Undefended Suit. The Defendant neither appeared nor appointed an advocate to represent them before the court. However, the defendant failed and neglected to take any steps for more than 9 years. Now at the stage of Judgment, a alleged "sucessor" of the defendant has made an application to to the court to allow him to defend the suit. 

Kindly let me know if there is any provision governing such a situation and any judgments that might help me in getting the application dismissed. The matter is before the Bombay High Court. Many thanks in advance!


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