Defendent appear after preliminary decree granted

title suit for specific performance of contract is going on since 2003 against the mean time,

plaintiff got decreed ex-parte in 2011in his favour. case is in final stage,waiting for final decree.suddenly one

one advocate made hazira on behalf of one defendent to linger the case.defendent have no valid paper to

contest the case.what shall plaintiff will do ? please advice urgently.


Whether the defendant's counsel had petitioned for setting aside pre-decree?, then contest his petition with valid grounds on your side, only the court will decide the merits and pass orders; If you feel that the defendant is not having and valid evidence or ground to contest the pre-decree, why do you worry about the out come of the petition for setting aside the pre-decree filed by the defendant.



thank you for your reply. my only concern is that case is running  for more than 10 years since 21/03/03.their petition will longer the case.

can i submit petition through my ld.advocate not to accept any hazira or any petition

Advocate Supreme Court of India

Dear Friend

After the ex-parte decree is passed by the competent Court, the defendant need to file Application for setting aside the ex-parte decree. He must satisfy the Court, why the decree should be set-aside. In your case if such application is moved then you must contest the same and get it dismissed. Then he has the remedy by way of appeal. Since it is a specific performance suit he has to show is ready and willingness in order to succeed. 




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