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Suit for declaration of title on the basis of sale deed


04-Apr-2023 (In Civil Law)
i am the defendant i tis case i am the owner of the property to which is sold by my father but the plaintiff claiming another property which is abutting to main road i have field written statement after posting the the judgement without considering the w.s exparte judgement is passed please give any suggestion on which ground i will argue the matter.
Answers (2)

Answer #1
670 votes
When, during the proceedings of a civil suit, a plaintiff was present and the defendant was not present, and the summons was issued, then the court could proceed against the defendant and pass an ex-parte decree. The court has jurisdiction to pass an ex-parte decree under Order 9 Rule 6 of the CPC.
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Answer #2
799 votes
you have to file an appeal against the said judgement and decree stating that you were not giving a fair hearing and the written statement filed by you is not considered and without giving a opportunity to present your case the court has passed the decree and judgment and hence the same is against the basic principles of law, hence to set aside the said Judgment and decree.
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