A civil summary suit against me is filed in Civil Court SD by my business partner for payment of Rs 2,30,000/= and interest and court expenses. I came to know only recently when his Lawyer sent me notice of execution of Decree. I never received any summon or notice from court or his lawyer. I called his lawyer he said it is exparty. How can I appeal now? -- Mohd. Mateen, Thane
Reply:
You will need to file appeal to set aside ex-parte decree. After decree the Court may, under special circumstances set aside the decree, and if necessary stay or set aside execution, and may give leave to the defendant to appear to the summons and to defend the suit, if it seems reasonable to the Court to do so, and on such terms as the Court thinks fit.
Ibrahim Deshmukh
Legal Consultant
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