Legal Question in Banking Law in India

can a Ex party decree which is declared in favor of bank on 13-12-2005 . Can it challenged at present in past their is no any appeal filed against the decree


Asked on 10/28/10, 8:11 pm

2 Answers from Attorneys
J. Radhakrishnan independent Practice

an application to set aside the exparte decree accompanied by an excuse delay petition setting out valid reasons for the delay can be filed. It depends upon the court accepting the bona fides of the delay.

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Answered on 10/28/10, 9:22 pm
Vishwa Arya Arya & Co.

it would depend whether or not you were properly served in the case. Normally limitation is 30 days from the date of decree in case of service and 30 days from the date of knowledge of the decree in case of no proper service. Accordingly, you may move an application under Order IX rule 13 CPC for the setting aside of decree.

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Answered on 10/30/10, 11:31 pm


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