LawRato

ADJ court allowed appeal even after absconding defendant what to do


29-Sep-2023 (In Landlord/Tenant Law)
I am plaintiff. Posseession of suit property taken in 2012 under Order 12 Rule 6 CPC. Defendant stopped attending court. Trial Court awarded damages by further order in 2013. Execution Petition filed. defendant untraceable. Traced when third execution warrant reached his office. He appealed, although time barred. The ADJ allowed appeal stating that opportunity not allowed to defendant to cross examine plaintiff, whereas the fact is that Trial Court granted adjounments but defendant did not appear. The defendant cannot take advantage of his own wrongs, and plaintiff cannot be made to suffer retrial for irresponsible acts of the defendant. What action should i take now?
Answers (1)

Answer #1
973 votes
You can file an appeal if the matter is decided in the appropriate Appellant court or you can also move an application for setting aside the order or for clarification/ modifications. Untill and unless we come to know the whole matter and the orders passed by the Hon'ble Court it would be difficult to tell you the future course of action

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."