Ex-parte

alex (Querist) 28 May 2013 This query is : Resolved
In a land grabing civil suit the defendent doest not appear to the court after summons issued, the court makes the case as ex-parte.
i want to know what is known has ex-parte.what happens to suite when it is made ex-parte and the defendents never trun up to the court.

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Adv Archana Deshmukh (Expert) 28 May 2013
When the case proceeds without the appearance of the defencant i.e. in the absence of the defendant altogether, it is called ex parte. The case will now be decided in the absence of the defendant.

ajay sethi (Expert) 28 May 2013
agree with archana

Nadeem Qureshi (Expert) 28 May 2013
agree with experts

H.M.Patnaik (Expert) 28 May 2013
While endorsing the views of Adv. Archana on the Query, I want to make it clear that in such a situation the Court has a duty to decide the case on merits basing on materials on record and not necessarily agreeing to the pryer of the plaintiff / appellants .

Advocate Ravinder (Expert) 30 May 2013
H.M.Patnaik Sir, you raised a good point.

Can any expert give me any citations HC or SC, in this regard. I am interested on this issue.

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