Can property be sold on court order if the owner is not present

827 votes

First of all you should see if the suit filed by him against you has been decreed exparte without your knowledge. If yes, then you first have to file an application under under 9 Rule 13 to set aside the decree in the same court and also an application for restraining the decree holder to execute the ex-parte decree under order 39 Rule 1 and 2.
Consult a local advocate with the details and take his opinion about the issue and then proceed further as per his advise, if need be you may take a second opinion form another advocate too.

Advocate T Kalaiselvan LawRato

914 votes

After following due process such as service of summons, court declares one as ex-parte and decrees. several short-cuts are adopted by the builders (as they are into practice for several decades).

Since the case is in EP stage, you need to seek set aside of decree.

There is no necessity of owner being present during an auction. In the given case, it seems to be an ex-parte order, wherein the claims made by the builder is converged into judgment and decree as there was no counter from the respondent. The genuinety of any claim can be raised at the time of proceedings. Getting back an auctioned property is a big task. It is suggested to file a case for setting aside the decree and also seek interim stay on auction.

LawRato LawRato