Ex party decree on the mistake of counsel


Respected all experts,

I have a little query. Hon'ble High Court of Delhi has passed an ex-party judgment. The mistake was at the end of counsel, the counsel noted wrong date. Now we want to move an  APPLICATION  UNDER  ORDER  IX  RULE 13  for setting a side the said order/judgment. My query is WHO WILL BE THE APPLICANT to the application Counsel or Petitioner to the original petition.  

If any of the senior of this forum had been dealt with similar situation kindly advice me. and if possible send a sample format for the same as I've never gone through similar situation.

 
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Advocate

Dear Mr. Pranjal Srivastava, Advocate.

Let me sincerely inform you that to the best of my experience, the party to the suit has to make an application in all such matters. It is the equal responsibility of the party too to watch the proceedings by attending the court and to verify the matters with regard to dates and the docket proceedings. However in the case on hand take the affidavit of the party and that of the counsel also who was mistaken in noting down the date of hearing of the case and then present the petition under order IX Rule 13 of C.P.C. Please note that even if the Petition is filed on the sole affidavit of the party, it would not be fatal to your case. As a precaution, I suggested so. I herewith attach a proforma petition containing the affidavit of the party, affidavit of the counsel and the petition for your ready referance.

Wish you all the best.

Thanking you, 

 

Truly yours,

G. YADAGIRI SHARMA,

                                  M. Com., LL.M.,

G. AMRUTHA KUMARI,

                                   M. Com., LL.M.,

ADVOCATES

H. No. 2-1-178/1, 100 Feet Road

Vidyaranyapuri, Hanumakonda.

WARANGAL DISTRICT – 506 001

*: 98 493 45 755 – *: 99 66 45 66 85

 

gysharmaadv@gmail.com

 



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