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Remedies against ex-party order


02-Nov-2023 (In Civil Law)
Ex-party order was passes by Bombay High Court more than five years ago No summon was received by defendant it may have gone undelivered Today execution of decree papers are received from staff of high court and came to know about the matter What are the remedies available to defendant?
Answers (2)

Answer #1
538 votes
Well, if you do not want to execute the Decree, you have to challenge the Ex Parte Order or Decree which was passed against you and have to parallely inform about it to the Execution Court, to resist executing Court to perform functions for executing the Ex Parte Decree.
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Advocate Pankaj Bajaj

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Answer #2
511 votes
Draft a ex-party setting aside application. File a appropriate reason for delay as well as no. summons was received get draft done with delay application file it before Court for setting aside the ex-party order
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Advocate Karan Palkar

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