Legal Question in Civil Rights Law in India
i had instituted a money recovery suit against D1 and D2 being the son & the mother in relation to each other. D1 is absconding from the present living society and as such he was set as ex-parte. D2 contested the case and on account of failure on her part by way of not opting to cross examine P.W.1 she too was set as ex-parte and a judgement was passed in my favour. Subsequently D2 had filed a petition to set aside the ex-parte decree and the court had allowed the petition on a condition to deposit the suit costs within stipulated time. By not complying the said order of the lower court she had filed a C.R.P. in High Court to exempt her from paying the suit costs. Can she succeed? Do i need to represent myself in the high court? Please clariy
5 Answers from Attorneys
It is possibility to succeed but without scaning the petition filed by D2 in high court we cannot suggest you anything. It is discretion of the High court. but you should engage any effecient counsel in High court. He will appear on behalf of you and defend the case in high court so that D2 may not succeed and once his case will be dismissed by high court then there is every possibility that court below will also dismiss his application in lower court also due to non payment of cost and he has to pay your money.
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Regards
You should defend yourself in the high court properly; better engage an Advocate to represent you.
yes you need to represent yourself in the high court as you would be defending the order passed by the court imposing condition upon the Defendants. the defendants would try n get the order to set aside the condition and your lawyer should try to defend the order. in case you let it go, they may succeed in getting the condition set aside.
yes you need to represent yourself in the high court as you would be defending the order passed by the court imposing condition upon the Defendants. the defendants would try n get the order to set aside the condition and your lawyer should try to defend the order. in case you let it go, they may succeed in getting the condition set aside.
Sir,
Opinion regarding merits of the case cannot be given unless case papers are perused. So i will not be able to tell whether the other side can succeed or not in the High Court.
However, in cases like present, when an ex-parte decree is passed, courts while setting-aside such ex-parte decree would generally impose condition of deposit of claim amount or cost, as may deem fit and necessary, against which normally High Court does not interfere. However, you need to represent in High Court so as to prevent passing any adverse orders.
If your from Territory of Gujarat, I can represent your case in High Court.
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