Wondering about when owner of property not made a party in ex parte decree case? In India, an ex parte decree is a court judgment issued in the absence of one of the parties involved in the case. If the owner of a property is not made a party in an ex parte decree case, it can have significant legal implications.
Here’s an explanation:
Not making the property owner a party in a case directly affecting their property violates the principle of natural justice. Every party whose rights are to be affected must be given an opportunity to be heard. An ex parte decree without notifying the property owner deprives them of this fundamental right.
An ex parte decree issued without including the property owner is typically not binding on them. They can challenge the decree on the grounds that they were not given an opportunity to present their case.
The property owner can file an application under Order IX Rule 13 of the Civil Procedure Code (CPC) to set aside the ex parte decree. The court may set aside the decree if it finds that the owner was not duly served with summons or was prevented by any sufficient cause from appearing when the suit was called on for hearing.
The property owner can also file an appeal against the ex parte decree under Section 96(2) of the CPC. The appellate court has the power to overturn the decree if it finds that the owner’s rights were prejudiced by their non-inclusion in the proceedings.
In some cases, the owner may file a fresh suit challenging the validity of the ex parte decree on the grounds of non-joinder of necessary parties. The court can then adjudicate on the matter afresh, ensuring that the property owner’s rights are protected.
Property owners should stay informed about any legal proceedings related to their property. This can be achieved through regular checks at local courts or legal notices. Engaging a lawyer can help in promptly addressing any legal actions that might be taken against their property without their knowledge.
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When Owner of Property not Made a Party in Ex Parte Decree Case?
Pragati
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1 Answers
7 months
2024-05-31T16:25:30+00:00 2024-06-28T21:12:45+00:00Comment
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