Sachin Gulyani (Student) 07 October 2016

Ex parte process and time

Dear All,

This query is in continuation of my recent query bearing link as under:

https://www.lawyersclubindia.com/forum/Service-of-summons-proof-142512.asp

Now, fortunately court has accepted the RTI reply and decided to proceed further. Next date is 30th November. The online status is now changed from “SUMMONS – NOTICE” TO “ISSUES.”

Our Lawyer said that now issues are to be framed. I don’t know what does this mean?

Please guide me in understanding what does “Frame – Issues” mean. Also, what should be the strategy next for getting an ex-parte order asap? What all levels are to be crossed now to get the ex-parte orders? We have already submitted all the proofs and other documents while filing of the case.

How long will it take to get the ex-parte orders if respondent will not be present in all the dates?

Note: The summons was served one year back in 2015 but the acknowledgement was lost by ordinary post of postal department. We did RTI recently and got the reply that it was duly served in 2015 on the very first date itself. We already suffered this one year due to the mistake of postal department. Will this one year delay presentation in front of court will help to proceed fast further? Respondent had not turned up on any dates and is not even bothered to appear.

Reply Follow

4 Replies

Sachin (N.A) 07 October 2016

Query is too long to understand. Pls be brief.

Sachin Gulyani (Student) 07 October 2016

Dear Sachin,

To summarize the query:

Summons is served to respondent. It took one year for the service of summons. Respondent never appeared and also not going to appear in future.

Ex Parte Divorce is on the cards.

My Queries:
What should be done to get Ex Parte Order Fast?

What does "Framing of Issues" Mean?

How long court will take to order Ex Parte Divorce?

Sachin (N.A) 07 October 2016

Court can issue exparty orders on very first date, if court is not doing it then you should file an application for the same.

Framing of issues: At the first hearing of the suit if the defendant makes a defence in the court then the court shall frame issue, Issues means the points on which the case is to be contested.

sai narayana 08 October 2016

Your Case will be set as exparte but that didn't mean that the court will sanction your prayer blindly. You will be asked to tell your version affirmly and based on that, prayer (decree) will be passed, this whole process will take 3 to 4 hearings.