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Can defendant file a petition to stop judgement?
14-Sep-2023 (In Civil Law)
I'm the plaintiff in a civil case OS 2522/2016 . My question is defendant didn't appear for very long time and on the day of judgement he file a petition to set aside the judgement because he s hospitalized btw D1 n D2. D2 is hospitalized but it's lie. Is it legal to stop a judgement on the judgement day. Please someone help. These PPL dragging the case actually it's second case the first case they filed on us case dismissed and we filed case for eviction.
Hello sir you got an exparte order only in that defendant have chance to defend his case with valid reason for non appearance before the court on concern date.if the reasons are genuine to court he can contest his case
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Adv. S. Saranraj
Chennai | 100+ Answers
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It is a civil case, law permits utmost wisdom to the litigants in civil suits. So the court will have a pragmatic view, there is point to feel disheartened, it is known fact that you cannot expect judgement from court according to your wish and in time. So my advice and opinion is to allow the petition and fight it out on merits, resisting the same and getting dismissal of the same will lead to dragging of case.
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Adv. RS Raghavan
Chennai | 100+ Answers
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