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Summons to wrong person can right person claim after exparte decision


30-Jun-2023 (In Civil Law)
Summons reached to wrong person due to confusion of same name and place.after accepting and non appearance wrong person became ex party but now after 3 months he is appearing with advocate. is he what to do eligible to claim for compensation?
Answers (1)

Answer #1
698 votes
Yes, you can approach the court with an appropriate application for setting aside ex-parte orders with the proof that that the summons served were on the wrong address and to the wrong person, if the court agrees to your arguments then yes you can be heard again afresh and your orders would be set aside and you can contest the case.

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