Ex Parte Rcovery Proceedings -Lawyer Absented
The borrower died and the account became NPA. Bank filed suit for decree in 1996 after issuing notices to the LRs. The Lawyer failed to appear and the Bank succeeded in securing an ex-parte decree in 2003. Decree was granted ex-parte in favour of the Bank for sale of the property mortgaged. The Bank took no action till 2014 but filed an execution in 2014. The LRs were not aware of the decree and were under the impression that the case is still on and came to know the fact of the decree only now.
Now the LRs find that the judgment awarding the decree suffers from patent illegality and errors of law which are apparent on the face of the judgment and if the decree is executed, it would result in a grave miscarriage of Justice.
1. Can this LR now challenge the award of decree itself on the above ground citing non appearance of the Lawyer of the Lawyer and demanding to be given the opportunity to be heard by the court? i.e. Can the recovery proceedings be reopened now on the application of the LRs on this ground.
Kindly guide with the relevant provisions of the Civil Law?