Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

amit kumar (hr executive )     17 January 2013

Arte upcoming judemregarding expent

Dear Lawyers,

Thanking you once again for taking your valuable time.

 

I have somehow manage to get the last copy of the order in the previous date which state the below for ex-party.  

Process issued to the respondent received back unserved as the same was refused to be taken by the relatives of the respondent. In view of the same, service upon the respondent is deemed to be served. Accordingly, respondent is hereby proceeded as exparte.

List on xxxx date for exparte evidence.

 

 Here are my questions on the above judgment

Since I or neither my family has never received any court documents. Since the judgment talks about giving her exparte related to the evidence shown by her on xxx date.

 

a)     If I haven’t received any order till date can I set aside her exparte after the xxx date if she proves it?

 

b)    If yes what are the chances of getting the same stopped in higher courts.

 

c)     What’s the time period to get the same appealed in the court? Since this order will be passed by lower court by MM judge.

 

d)    So do I have to apply in session court or High court or both at the same time?

 

e)     What’s after exparte? Does she have to apply for divorce degree or will that be enough for her.

 

f)     Since I am not in rush and I don’t want the other party to escape easily so should I wait till the xxx date and then move on for setting it set aside? Since the X has filled many fancy cases against me and my family.

 

 

Your valueble advices always matter :)

 

 

 



Learning

 2 Replies

Tajobsindia (Senior Partner )     17 January 2013

1. If your relatives refused Court summons that also means you have knowledge of some Court proceedings against you.

2. If you have accessed Certified Copy of the last Order which reproduced here then you cannot now cry wolf that you donot have knoweldge of a case against you.

BTW, just three months back here some MCD was going on between you two where you already paid first installment during First motion and already had some Registered Agreement placed in file what happened to all that?  

Lastly do you have any Advocate representing you ? If not then find one urgently and appoint him to plead on your behalf your versions including 3 months old MCD. Also above query is for which case; civil or criminal as you have 3-4 cases between you two?

1 Like

amit kumar (hr executive )     18 January 2013

Sir,

Appreciate your prompt response and your memory.

This query is for one of my friend who needs advice.

 

Since the notice were never received to him and his family, then how come if the summons were denied by relatives where they were not at home and were out which state in the judgement can they not appeal for set aside based on the proofs she submit after the X date. If yes what is the period set of appeal.

The above judgement was just managed by somehow through sources. They are not actually received or applied for soft copy.

The story is simple. Two partners sail on the same boat and none wants the other to get on the sea shore.

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register