Exparte order reg
sk..........
(Querist) 21 December 2013
This query is : Resolved
I have to file application for expartee order for decree in suit
pl. mention u/o section to file petition
ajay sethi
(Expert) 21 December 2013
if defendant inspite of service fails to file his appearance then you would be netitled to exparte decree aginst the said Defendant . just draw attention of court to said fact and court will pass orders for exparte decree
ajay sethi
(Expert) 21 December 2013
you have to file affidavit of service proving tt summosns were served on defendant
prabhakar singh
(Expert) 21 December 2013
After institution of suit the court issues summons to defendant following rules framed under order V of CPC.
Once the service is found sufficient and defendant does not appear the court itself
orders case to proceed exparte against the defendant under order IX.
There is no need of any application.You or lawyer needs only to point out service and non appearance of defendant(s).
BAALASUBRAMANNYAMM
(Expert) 21 December 2013
Even, when once the defendant failed to attend before the court personally or failed to engage an advocate on his behalf and failed to represent on the day of adjournment, even after receipt of the court summons, he would be exparte and the court automatically posted the case for plaintiff's evidence and after filing of evidence affidavit, the court pass exparte decree as prayed for in favour of the plaintiff, is a regular process. You need not file any application for that.
R.K Nanda
(Expert) 21 December 2013
nothing to add more.
V R SHROFF
(Expert) 21 December 2013
nothing to add more.
