Condone delay petition not accepted

R Shah (Querist) 01 September 2023 This query is : Resolved
1,2,3,4 we as a oponant declared as ex-parte and when our advocate filed Condone Delay application , he said not accepted and then he sent the applicaion with answer and refuse answer everything to plaintif through Register AD and served. Case is at Gujart we are at Mumbai. oponent Main no 1 is at Ahmedabad and 2 and 3rd we are at Mumbai not served properly as the address is wrong and ad given in Gujarat paper.

is is correct way - Advocate says he will appear and will present on next date and the court will aceept it.

What is correct - ? I will be thankfull if guide and please share contact also for help

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Quick Summary

If an ex-parte order has been passed against you, you may need to file a petition to set it aside. If there's a delay in filing this, a 'condone delay' petition is also required. The discussion highlights confusion over a rejected condone delay application and suggests filing under Order 9 Rule 7 CPC to set aside the ex-parte order and present your defence.

T. Kalaiselvan, Advocate (Expert) 02 September 2023
If there is an exparte orders passed against you then you may better file a petition to set it aside and if there is any delay, then you may have to file a condone delay petition too to condone the delay to file the set aside petition.

Advocate Bhartesh goyal (Expert) 02 September 2023
File petition u/order 9 rule 7 CPC for setting aside ex-parte order passed against all of you and thereafter you will be allowed to take your defence.

Dr. J C Vashista (Expert) 03 September 2023
I agree with experts Mr. T Kalaiselvan and Mr. Bhartesh Goyal, you may contact your lawyer for moving an application under order VII Rule 7 of the CPC for recall of order where defendants have been proceeded "ex-parte"

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