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Hello, my case was decided ex parte. I was in Lucknow at the time, and a one-time summon/notice regarding legal action was sent, which my mother refused to accept, citing my unavailability in the city and her lack of awareness of the consequences. I learned about the case only when I received the judgment by post. Am I eligible to challenge the judgment and apply for a rehearing to present my side of the story? I have proof of my unavailability in the city during the period when the notice was supposed to be delivered. Kindly advice.
Sir, you can challenge the ex parte judgment. You have the right to file a petition to set aside the ex parte order. Since you have proof of your unavailability during the notice period, you can present it to the court. You need to file this petition promptly and show that you were not properly served with the notice. The court may allow a rehearing based on your explanation and evidence. It is advisable to consult with a lawyer who can guide you through the legal process. For further legal assistance contact us on our helpline number.