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Rajesh Agarwal   05 February 2023


D v act case ex party order passed by magistrate. After the period of limitation to file appeal of 30 days, an application under section 25(2) D v act filed to modify the order and give chance to contest the case. That application was also rejected. Appeal filed against rejection of his case. Session judge stay of order of his case. In the mean time aggrieved lady filed Execution case before magistrate. The magistrate ignoring stay issued warrant by saying session judge stayed "Mis case rejection order but not the exparty order. Stay of Mis case order means stay of ex party implied by is it correct or not". Plz suggest how to stop Ex party order under d v act after passing of time to file Appeal


 3 Replies

anubhav Bhatt   05 February 2023

You should approach High Court under Article 227 therein you may get relief for more clarification you may contact us then I'll explain properly about your case.
MOBILE 9198889990.

Dr J C Vashista (Advocate)     06 February 2023

Emphasis your appeal before Sessions Court, obtain stay of proceeding and execution through your lawyer. Presumably, your lawyer must have opined and advised you same proceeding, isn't so?.

T. Kalaiselvan, Advocate (Advocate)     06 February 2023

If you had approached the sessions court for a particular relief alone then you cannot claim relief for other issue that was already decided.

Therefore you should have filed a petition to set aside  the exparte order along with a petition to condone delay in prerferring the petition to file a set aside petition. 

You have committed a fault but blaming the court for not accepting your request.

Therefore you better file an appeal against the exparte order instead of filing a petition to set aside the exparte order. 

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