Legal Question in Civil Litigation in India
A party, who has received summons, has remained ex-parte throughout the proceeding for four years. The matter was settled with the remaining other parties in front of lok adalat and an award was passed. Now after 10 years from the date of summon and 6 years from the date of award, the party who remained ex-parte claims the award as fraud. As per his claim, all parties should be present at time of compromise before lok adalat.
Please advise if this is correct that all parties should be present at time of compromise before lok adalat even though they have remained ex-parte throughout the proceedings in court.
3 Answers from Attorneys
No. The award is main tenable since the summon was already been effected to all the party.
The claim is time barred you can contest the case under the limitation act.
in case one of the party was ex parte, now after so long the award cannot be challenged unless the absentee shows a cogent reason for it.
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