• Set aside court order

Hi,

My grandmother is owning a piece of land in Madurai and she bought it 52 years back. She bought from a owner (X), and owner "X' bought from "Y", Where "Y" bought it from "Z"

The family who sold it you "Y", seems to be having multiple partnership, and person "Z" sold to "Y" without taking proper concern from other partners who were minor at the time.

Now, grand son of those minor's family members of Z were prepared fake document and registered power of attorney on this property to third person (Lawyer).

We have filled case in Madurai court and for set aside this fake document, petition filled, no appeal from opponent, taken ex prate court order, Judgement also came recently by Madurai district court.

Now highlighting no appeal by opponents, whether opponents can reopen the case in same Madurai district court or in Chennai high court.

My lawyer is one of the is my family relative.

Because we doubt my lawyer also kind joint hand with opponents and playing now.

My queries are, 

1. whether reopening by opponent is possible?
2. Is it possible to give police complaint?
3. How we resolve this case quickly? we have waited for 8 years to take this Judgement and now Lawyer says, opponents are planning for petition in same court?
4. What is the procedure for complaining against lawyer?
5. Is there way we can cross check?
6. My lawyer has not shared and case file, interim order, ex parte order, judgement copy so far. How do i get it?
7. Property original documents were submitted in court. How do i get that back?
8. Is there a counsel i can file a complaint against my lawyer?


Regards,
Ramkumar M
Asked 2 months ago in Criminal Law from Madurai, Tamil Nadu
Religion: Hindu
1. If the decree has been passed ex parte then the opponent can apply to the court within 30 days to set aside the ex parte decree. The court can set aside the ex parte decree only if the applicant shows sufficient cause which prevented him from prosecuting his defence.

2. A criminal complaint for forgery and cheating may also be filed.

3. If the opponent applies for setting aside of ex parte decree then contest it fittingly.

4. Mere suspicion is no ground to file a complaint against the lawyer, but if there is evidence then a complaint may be addressed to the Bar Council of the state.

5. You have to apply to the court to release the original documents.

6. Apply for certified copies of the documents which you say your lawyer has not shared with you.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
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application can be made in Madurai court for setting aside exparte order

2) in alternative defendant can file appeal 

3)if signature has been forged and property sold without consent complaint of cheating , criminal breach of trust , fabrication of documents would be maintainable 


4) settle the case if you want quick resolution 

5) complaint against lawyer can be made before bar council 

6) you can submit xerox copies and request  court to return the   originals back 

7) send letter to lawyer to return your case papers
Ajay Sethi
Advocate, Mumbai
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1219 Consultations
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Now highlighting no appeal by opponents, whether opponents can reopen the case in same Madurai district court or in Chennai high court.


Since it is an exparte order, the defendants may file petition to set aside the orders/judgment in the same court but it can be filed within 30 days from the date of order or else they have to file another petition seeking to condone the delay in in filing the set aside petition. 




1. whether reopening by opponent is possible?

The opponent may file set aside petition to set aside the exparte decision, in the same court.



2. Is it possible to give police complaint?

For what, please specify the nature of offence they have committed so that you can proceed with a criminal complaint with the police.






3. How we resolve this case quickly? we have waited for 8 years to take this Judgement and now Lawyer says, opponents are planning for petition in same court?

The court has already given the judgment in your favor and there is no petition filed by the opponent party so far for setting aside the judgment, hence you may proceed with further activities in this regard for the present.



4. What is the procedure for complaining against lawyer?

What is the grievance you have against the lawyer, specify so that you can proper opinion and suggestion in this regard.



5. Is there way we can cross check?

What do you want to cross check, why dont you attach details while posting such questions?




6. My lawyer has not shared and case file, interim order, ex parte order, judgement copy so far. How do i get it?

It was your fault for haviong not asked for the copies so far in the past 8 years of litigation.
Even now you can ask for the copies from him. He is obliged to furnish you the details of the case including the copies of the case related papers.




7. Property original documents were submitted in court. How do i get that back?

You have to file a petition before court for return of original docvuments by filing photo copies of the documents which you intend to seek return.







8. Is there a counsel i can file a complaint against my lawyer?

You can make a complaint against the lawyer before concerned bar council.
T Kalaiselvan
Advocate, Vellore
14046 Answers
127 Consultations
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