Balaji Bakthavathsal
(Querist) 27 July 2015
This query is : Resolved
In a Civil Suit, the respondents did not turn up and after almost 4 years, the court announced ex-parte judgement. When the court listed the suit for announcement of ex-parte judgement, it was stopped based on submission of a petition from one of the respondents. Can the judgement be stopped just on the day of issue ? Please clarify and I would be very grateful if the Rule underwhich it is permitted is intimated.
Guest
(Expert) 27 July 2015
Ex Parte means No representation of Other Side.Even Ex Parte Orders would be Set Aside on Valid Reasons.Here in your Case the Representations were made Now and the Case would go on in Normal Course.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 27 July 2015
Decree made ex-parte annot be stopped unless respondent come out with setting aside with valid reasonsons.
Rajendra K Goyal
(Expert) 28 July 2015
If ex-party orders not pronounced, court can entertain the application of the respondent, if orders pronounced, court can entertain to set aside the orders if satisfied.
P. Venu
(Expert) 28 July 2015
It is the general principle that civil cases are decided on merits than ex-parte. Hence the court would allow the respondents to take part in the proceedings however uncooperative they were, but may impose costs.
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