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Anuj Sharma   03 June 2019

Ex-party

we are 4 defendents get x party and against on of us an exparty deecre has been passed.
we were not aware about x party and decree even we were not aware about that someone has filed a case against us.
summoms were not delivered to us.
but today we came to know that we were made x party and decree was passed against us.
we also come to know that proces server and ward member has made conspiracy against us.in which ward memeber has witnessed that we all were at home and refuse to accept the summons.
one of us can proove himself that ward member and process server is telling lie.because at that time he was on his duty.we also have appropriate attendance record.
how others can proove themselves right that summons were not delivered to them and ward memeber has filled false witness.?
To proving the ward member as faulty by one defendent can help others defendents to open the case?we all defendents are blood relations.



Learning

 5 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     04 June 2019

First, check the address to which the Summons was said to have been served. Please approach a Lawyer, give full details and through the Lawyer approach the Court which gave the Ex-Partee Judgement. Pray before the Court all your pleadings through the Lawyer with the evidence that you have that the Summons are not served on you at all, including the fact the Summons was not pasted on the doors of your residence at any time. 

 

If Court is satisfied about your plea, they may give you relief.

Shashi Dhara   04 June 2019

File suit for set aside of exparty decree

G.L.N. Prasad (Retired employee.)     04 June 2019

This is a serious problem that has to be discussed with local advocate for immediate remedial action.  Do not delay after coming to know of these facts.

N. Sivaprakash, Chennai 984099 (Advocate)     05 June 2019

Get the certified copies of all the Court Records and file necessary proof that you were not at the time when the summons from court was served. You have to file a petiton to set aside the Exparte Decree passed at teh earliest. Dont delay any further.

N. Sivaprakash, Chennai 984099 (Advocate)     05 June 2019

Get the certified copies of all the Court Records and file necessary proof that you were not at the time when the summons from court was served. You have to file a petiton to set aside the Exparte Decree passed at teh earliest. Dont delay any further.


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