Dear learned friends,
I have a query about the further procedure on exparte decree passed by a lowest civil court in Tamilnadu.
In the year 2010 “ X” a Town panchayat in Tamilnadu filed a single civil suit against 30 numbers of different individual residents by clubbing them as defendants numbering 1.2.3.4 and so on till …30 demanding for first time, for recovery of Property tax of varying amount from each of them for their newly constructed houses without due compliance of the procedure stipulated in the Tamilnadu Town Panchayat Act . All the defendants contested the case against them individually by engaging different Advocates of their choice. My friend “ Y “ is one among the defendants who also engaged an advocate “Z “to represent him .
After so many hearings and full trial, the court finally accepted the contention of the defendants and disposed the case a few days ago by passing an order as “CASE DISPOSED, Contested- partly allowed”
On perusal of the order it appears that the court has dismissed the claim of petitioner/ plaintiff in respect of 29 defendants and only allowed the claim made against my friend Mr.”Y” with costs. On further verification, it was made known that the Advocate,”Z” engaged by my friend neither filed a written statement nor appeared in the hearings and hence the court treated my friend “y” as Exparte and consequently allowed the claim against him only. The advocate “Z” on pressurizing his lapse and pointing out his callousness, now assured to my friend “Y” that he would file petition to” set aside the exparte decree” in the same court within 30 days and restore the suit to the pre trial stage. But some of my Advocate friends say it is not possible as the court has passed the order after full trial even though one defendant was set exparte in the pre trial stage itself.
My friend and I are confused in the matter. What would be best option for my friend to proceed further against this exparte decree as well as his Advocate “Z”? My friend doesn’t have copy of any sort of acknowledgement /document in connection to the entrustment of suit to this Advocate” Mr.Z”
I would be much obliged for valuable suggestions at the earliest possible.
With warm regards.
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