Recall & set aside exparte order
GANGO PADHYAYA
(Querist) 18 August 2014
This query is : Resolved
Sir
The wife filed a 125 Cr.P.C. case against husband in Visakhapatnam Dist
Husband filed Conjugal Rights for his wife at Srikakulam Dist
wife filed a transfer petition before A.P. High Court it was transfer to Visakhapatnam
At this juncture husband given vakalat to his counsel i.e., Section 13 of Family Court Act "permitting the counsel on behalf of him to represent before the Court"
Good or bad : His counsel not appeared/represented before the Court
The maintenance case is exparte order passed based on Vacant land "
Perused Chief Affidavit and Ex –A-1 sale deed in favour of respondent satisfied thus the respondent is earning more than Rs.12,000/- to 13,000/- per month but avoiding maintenance. Petition allowed directed respondent to pay Rs.2,500/- per month to the 1st petitioner and Rs.1,000/- per month to the 2nd petitioner from the date of petition on after deducting payment made if any during pendency of the case.
How the Officer passed this order for an vacant land generates the income :
As well as due to no representation the Conjugal Rights case dismissed for default
NOW I AM FILING A PETITION WITH SECTION 5 OF LIMITATION ACT AND ORDER 9 RULE 9 OF C.P.C. FOR Conjugal Rights CASE
WITH A MALA-FIDE INTENTION WIFE FILED EXECUTION PETITION OBTAINED N.B.W.
NOW IN SIMILAR FASHION A RECALL PETITION IN MAINTENANCE CASE IS FILED: under section 70(2) of Cr.P.C.
a medical case file available
what are grounds to be taken to recall the warrant & to get set aside of dismiss for default order
kindly guide with citations
regards
Gangopadhyaya
Shonee Kapoor
(Expert) 21 August 2014
When you have put an application for set aside of ex-parte; let the application be decided; if its decided in your favor and the trial ensues de novo, then the warrants would be recalled.
Regards,
Shonee Kapoor
www.shoneekapoor.com
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