Time limit to file an appeal against a chamber summons ex parte order passed

[Sri Kanitkar]

Respected Sir,

1. My sibling had filed a civil suit as ‘next friend & applicant’ of my father (plaintiff) as he was mentally ill.
2. My sibling had relied on a ‘Family Deed’, which was signed by all of my siblings and my mother, through which we gave the power to my sister. However, this Family Deed was not signed by my father and hence it is void ab initio u/s 6(a) of the Transfer of Property Act.
3. After my father’s death, my sibling filed a Chamber Summons to become the plaintiff. I had replied to this Chamber Summons and informed the Court about my cancelling the said Family Deed and withdrawing my consent to my sibling in the suit.
4. Due to some mistake, my advocate was not present and the judge allowed my sibling’s chamber summons prayer.
5. I do not wish that my sibling becomes the plaintiff and continues the suit. So how can I remedy this and what is the time limit for the same?
6. Thanks in advance.

[Dr. Ashok Dhamija]

You may have to apply for setting aside this ex parte order. As far as my knowledge goes, the time limit to challenge such ex parte order is 30 days.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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