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Civil Case
3 months ago
There was dispute in property and the case was file in year 2007 but we did not get a notice and when the court declare the result of the case then few month later we received a notice. Now we want to claim on property. it is possible to reopen the case?
A.Dear Client,
Order 9 Rule 13 of the Civil Procedure Code(CPC) states that while setting aside the ex-parte decree/order, the defendant may apply to the Court by which the decree was passed for an order to set it aside and if the Court is satisfied that the summons was not duly served, or that he was prevented by any sufficient means from appearing when the suit was called on for hearing, the Court may make such order setting aside the decree against him as it thinks fit and shall appoint a day for proceeding with the suit, provided that the decree was of such a nature that it could not be set aside as against such defendant but it may be set aside as against all or any of the other defendants also. Section 96 of CPC-Appeal from original decree. In cases, where the value of the suit does not exceed Rs.10, 000 appeals can only be filed on question of law. When a decree has been passed against the Defendant as Ex-Parte appeal lies under Section 96 of CPC. Further, a Review Application Under Section 114 of C.P.C. can be filed before the Court. Section 114 empowers the court to review its order if the condition precedent laid down therein is satisfied. Reach out to an Advocate for guidance and steps.
Order 9 Rule 13 of the Civil Procedure Code(CPC) states that while setting aside the ex-parte decree/order, the defendant may apply to the Court by which the decree was passed for an order to set it aside and if the Court is satisfied that the summons was not duly served, or that he was prevented by any sufficient means from appearing when the suit was called on for hearing, the Court may make such order setting aside the decree against him as it thinks fit and shall appoint a day for proceeding with the suit, provided that the decree was of such a nature that it could not be set aside as against such defendant but it may be set aside as against all or any of the other defendants also. Section 96 of CPC-Appeal from original decree. In cases, where the value of the suit does not exceed Rs.10, 000 appeals can only be filed on question of law. When a decree has been passed against the Defendant as Ex-Parte appeal lies under Section 96 of CPC. Further, a Review Application Under Section 114 of C.P.C. can be filed before the Court. Section 114 empowers the court to review its order if the condition precedent laid down therein is satisfied. Reach out to an Advocate for guidance and steps.
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A.Dear Client,
Reopening a case after a court has already declared its result can be a complex matter, and it typically depends on the specific circumstances and legal grounds. In general, if you did not receive notice of the proceedings and the court's decision, you may have a basis to argue for the case's reopening. However, the success of such a claim will likely depend on factors such as the reasons for not receiving notice and the nature of the dispute.
It's crucial to consult with a legal professional who can review the details of your case and provide advice tailored to your situation. They can guide you on whether you have valid grounds for reopening the case and the legal steps you need to take. Acting promptly is essential, as there are usually time limitations for filing such requests. Legal advice will help you understand the feasibility and potential outcomes of pursuing a claim on the property.
Thankyou
Reopening a case after a court has already declared its result can be a complex matter, and it typically depends on the specific circumstances and legal grounds. In general, if you did not receive notice of the proceedings and the court's decision, you may have a basis to argue for the case's reopening. However, the success of such a claim will likely depend on factors such as the reasons for not receiving notice and the nature of the dispute.
It's crucial to consult with a legal professional who can review the details of your case and provide advice tailored to your situation. They can guide you on whether you have valid grounds for reopening the case and the legal steps you need to take. Acting promptly is essential, as there are usually time limitations for filing such requests. Legal advice will help you understand the feasibility and potential outcomes of pursuing a claim on the property.
Thankyou
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