• Judgement got in 2011 by principal junior civil judge - can we challenge now in high court

Hi Sir,

Greetings!
My name is Satish, the case regarding ancestor property, case details are below
Case number : 400189/2006
cnr number  : Ts1603-000227-2006
Case status : Case Disposed

we dont have any idea about case when they filled and we do not received any summons, so we do not attend any hearings, so court has gave judgement on there favor. now we want to challenge that.
 Thanks & Regards 
M Satish
Asked 6 years ago in Property Law
Religion: Hindu

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19 Answers

When did you become aware of disposal of case

2) you have to file appeal against decree passed in favour of plaintiff

3) explain delay of 12 years in filing appeal

4) mention that fraud was discovered only recently

5) that you were not served with summons

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Yes file for restoration of suit

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

Respected sir...

You can challange that at any time when there it shows that your right had been infringed in that ex party decree by court you can challange this ...There are several options available to file an appeal but you have to mention in appeal that why was you are late and what is the reason behind that ...Your appeal with vaild reason can be admitted ...Just hire a good lawyer he will himself work and take grounds after reading your case ...But yes your challange and appeal is admited...

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

It means it is an exparte judgement. Contact the local lawyer and get the judgement challenged. You can file the appeal within 30 days from the day of knowledge of the judgement. It is a good case and your lawyer will help you to get the exparte set aside. Good luck.

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

5.0 on 5.0

1) can provide your family tree. So the case can be review it properly.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Dear,

As you said that you did not receive notice of appearance from the civil court where the suit has been filed, you can always challenge the judgement of the court by setting aside the judgment by appealing in the High Court and get the suit restored. When the suit is restored, contest the suit on merits. Engage a property lawyer and proceed further.

B Srikiran
Advocate, Hyderabad
37 Answers
1 Consultation

5.0 on 5.0

1. File a review petition in the Principal Junior Civil Judge's court requesting for condonation of delay and also bring the facts before the Judge and request for reconsideration of the material facts of the case.

2. If your request is turned down, then approach the Honourable High Court with the material facts and also highlight that you were not provided an opportunity to present your case in the lower Court.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

It is clear that the court has passed Ex-Parte judgement in your absence after satisfying from the other party that the summon has already served on the correct address. Now you can move an application before the court which had passed this judgment in your absence.

-- As per law the Limitation period for filing an application for setting aside an ex parte decree is 30 days from the date of knowledge of the decree. So, mentioned in that application that just a few days back you came to know regarding the judgment . But you will have to proof the cause of delay in moving the application .

-- After an ex parte order is set aside the suit is restored to file and parties are relegated to the position they occupied before the non-appearance of the defendant, and the court will proceed with the suit de novo and decide on merits.

-- If an application for setting aside is rejected an appeal lies against such order as well under section 96 CPC.

Hence no need worry take help of any local lawyer and moved an application for setting aside/rejecting the ex-parte order sure the case will start once again , where you will have the option to prove your case.

There is a judgment from the Supreme Court Of India in the case namely Bhanu Kumar Jain v. Archana Kumar that there is no statutory bar to avail the remedies of setting aside the ex-parte because the defendant’s right of appeal under a statute cannot be taken away unless it is not contrary to any other statutory provision

Therefore , dont delay and moved the application .

Good Luck and dont forget to positive Rating.

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

1. it appears the decree was passed ex parte .if that is so then first file a proceeding in the same court under Order 9 Rule 13 of CPC to set aside the exparte decree. Since it is now time barred you will have to file an a petition under section 5 of Limitation explaining the delay arising out of your ignorance about this case.

2. If you remain unsuccessful which looks unlikely then only file prefer an appealon merit.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

You have to file set aside petition in the same court, as you were not contested the suit.

Good Luck / All the Best

Damoder Kankeeram
Advocate, Hyderabad
50 Answers
2 Consultations

4.8 on 5.0

Dear User

Noted the contents of your post.

There is an enactment viz., Limitation Act, which will come into play.

However, going by the contents of your post and assuming the same to be in line with requirements of law, YES you may have a chance to challenge the order of PJCJ and succeed.

You need to prove and establish that your contents are true and bonafide.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

1. It seems that ex parte decree was passed against you if you say that you did not receive summons and did not contest the suit.

2. If it is an ex parte decree then appeal will serve no purpose. You should apply to the court to set aside the ex parte decree by showing that you never received summons in the first place and hence did not had knowledge about the case. The court may set aside the decree by imposing some costs on you.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The limitation starts from knowledge of the person. In your case as you haven't received any summons. You can move to the court for setting aside the exparte decree against you. You can also file application for condonation of delay.

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

First of all you have not given proper details of the ecourt details of the case

Which is the court where the case is going on?

What is the dispute?

Who are the opposite parties?

When was the case disposed?

Whether you consulted any advocate of that town, what was the opinion by that advocate after hearing the details from you in this regard

You can file a set aside petition even now if the case was decided against you in your absence as' exparte judgment.'

You may revert with the details or contact a local advocate of that town where the case was disposed

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Dear Client,

Without issuing summons , court cannot proceed and without impleading essential parties. Get complete record of case, each paper, than only precise can be advise.

How and when u came in knowledge of judgment is imp. to condone delay for filing appeal.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Hello,

if the judgement has been passed ex parte, then you will have to file an application for setting aside the ex parte order. Without filing the same you can not go for appeal, if the summons have not been served then the order will be set aside and the matter will be heard afresh in your presence.

The same will be filed under order 9 rule 13.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Order 9 Rule 13 of the Code of Civil Procedure.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

First of all you need to apply for the certified copy of the judgment or order (ex-parte). Then immediately file the application to set aside the ex-parte decree before the court of law who has passed the order. If 30 days are over after the judgment day then you need to file the application of condonation of delay as well.

If court rejects your application, then you can go to the higher court that is district judge.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

If you've just derived the information regarding this case and the judgement passed therein to your detriment, you may challenge it now.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

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