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Dismissal in default after filing two forgery site plan by plaintiff
06-Jul-2023 (In Civil Law)
The plaintiffs filed a suit of permanent injunction against us and also filed a site plan. The plaintiffs and another defendants conspire with each other. They file a compromise application with a new site plan having different dimensions and sizes from old one. They able to get a compromise decree from the court in without giving any notice to us. we challenged the fraudulently obtained compromise decree, the same was allowed by the court on the ground of two site plans with different dimensions and descriptions and set aside the compromise decree. Suit again comes to the original number and position at PE. After that plaintiff fails to produce his evidence and also fail to appear on the hearing, the result of that suit is dismissed in default.
Can a decree sheet prepare in our favour In the present circumstance? if not why?
When a suit is dismissed in default, no decreesheet is prepared as the decision of the case is not on merits and is simply dismissed in default for non prosecution and hence no decreesheet can be made in anyone's favor. even otherwise no decreesheet is prepared in favor of defendants when a suit is dismissed untill and unless the defendants have preferred a counter claim in the same suit.
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Adv. Harshit Jain
Delhi | 100+ Answers
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