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Santosh kumar (lect)     24 July 2014

Exparte set aside

The court in previous hearing adjourned declaring the respondent exparte. The next hearing the exparte hearing and evidence petition was to be heard.


The respondent wife attends the case on next hearing. The court accepts her w/s.

Shouldn't "sufficient cause" and delay condonation citing valid reasons be produced with it . Can the petitioner husband challenge this in next hearing and prove the court that the intent was to derail the exparte hearing?



Learning

 3 Replies

Tajobsindia (Senior Partner )     24 July 2014

1. On the date when she made appearance such 'protest' / 'agitation' from petitioner husband should have been filed giving respondent wife on next date opportunity to explain her position clear for the 'material records'.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     24 July 2014

agree with expert

Santosh kumar (lect)     24 July 2014

Sir

 

Please provide more details , should I file a protest petition of some kind in the court seeking an explanation from the respondent ?

regards

Ramesh


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