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Application for set aside orded of exparte proceeding and no ws order

(Querist) 24 September 2014 This query is : Resolved 
Sir,Summons was served on me on 14/08/14 and subsequently on 21/08/14 the honble CJSD passed No WS and exparte proceeding order as i didnt appeared on the said date. Subsequently,on 22/09/14 i appeared in said matter and had filed my Vakalatnama and simultenously pressed an Application for setting aside No WS and exparte proceeding order,however,on the same day as i was not ready with my WS therefore the Honble CJSD Court rejected my said application considering to be not tenable as the same is not been filed alongwith WS. Sir,So my grievance is that if on the next date i am ready with my WS then whether i hv to make the Application before the same judge who has passed No WS order or before Higher Authority next to CJSD Court. Plz help
P. Venu (Expert) 24 September 2014
The Hon'ble appears to be too much of a hurry. Has the judgment been pronounced ex-parte?
DHIRAJ CHANDRAKANT KUMBHAR (Querist) 24 September 2014
Plz reply what exactly to be done now and before whom
Rajendra K Goyal (Expert) 24 September 2014
Exact language of the order to be seen, consult your lawyer. If orders about declining the acceptance of WS or setting aside of ex-party proceedings next higher court has to be approached.
P. Venu (Expert) 24 September 2014
Suggestion depends upon the order(s) of the Judge.
M V Gupta (Expert) 26 September 2014
As ur appln for setting side the ex parte order ws rejected on the ground that u had not filed the WS, u my attend the court on the next date of hearing with ur application for setting aside the ex parte order and file the WS. Ensure that u serve copy of the petition and the WS on the Plaintiffs Advocate in advance against his ack. I feel the court will accept ur appln.
T. Kalaiselvan, Advocate (Expert) 01 October 2014
upon receiving summon you have chosen to not to appear hence the court had set you exparte. The next date you have filed vakalatnama with an application to set aside the exparte but the court has rejected it asking you to file WS also along with it, therefore you are obliged to file WS along with an application to set aside the exparte order in the same court and in case of delay, you may have to file another application u/s 5 of limitation act to condone the delay also. Atleast now be in proper and prompt touch with your advocate.


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