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For setting aside decree obtained fraudluently
21-Oct-2023 (In Civil Law)
Q: I am the owner of property having will in my favour and other supporting documents. A person has obtained an ex- parte decree of permanent Injunction in one of my properties to which I was not a party. I want to set aside the decree obtained fraudulently. So under which provision of CPC I can file a case setting aside a ex parte decree of permanent injunction by a non - party and restore my title or possession as a owner?
If the suit seemed to be collusion between the parties to procure a ROR on the strength of Civil Court order 3rd party has ever right to defend his interest by filing petition under order 9 rule 13 cpc to protrect his interest. For further consultancy and legal services you may contact us.....
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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Grounds for setting aside ex parte order
Ex parte decree CPC Section
limitation for setting aside ex-parte decree
uncontested ex parte decree
Uncontested ex parte decree meaning in Tamil
Uncontested ex parte meaning
Uncontested ex parte Decree meaning in hindi
Ex parte decree set aside judgment
For the purpose of setting aside the ex-parte decree, you can invoke the jurisdiction of the trial court which passed the decree under order 9 rule13 CPC. You will have to show sufficient cause why you did not participate in the trial i.e. the service of the suit was not proper. You can also file an appeal before the appellate court.
even otherwise the decree should be challanged as simple suit for injunction does not grant ownership rights in the property.
You can file a suit for recovery of possession and declaration of your ownership rights, however any advise has to be based on complete facts of your case.
even otherwise the decree should be challanged as simple suit for injunction does not grant ownership rights in the property.
You can file a suit for recovery of possession and declaration of your ownership rights, however any advise has to be based on complete facts of your case.
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Adv. Sanjana Antil
Delhi | 25+ Answers
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You should challenge the exparte order and make it to the court that you ever neither the party to the suit not the claim was bona fide.
You can also claim compensation.
The supreme court of India in a catena of judgments clearly held that non-party decree cannot be passed by the court as it's the violation of fundamental rights
You can also claim compensation.
The supreme court of India in a catena of judgments clearly held that non-party decree cannot be passed by the court as it's the violation of fundamental rights
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Adv. Prashant Vaxish
Delhi | 400+ Answers
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