Ex-party decree

Suraj Kumar (Querist) 26 January 2024 This query is : Resolved
Respected Sir,
I have file a suit for declaration & permanent injunction for a property. The court grant temporary injection & said injunction is also extended.
My opposite party refused to receive court summon. But later on appeared before the court & pray for written objection. The ourt allow prayer of OP.
Thereafter OP remaining absent on several dates. My advocate prays for Ex-party order in my favour & court grant order in my favour.
My friend says that since OP is refused to receive count summon & failed to submit written objection against me within due time, the court will not vacate it's order.
Can such ex-party order be vacated & is there any time limit ?
When such order become absolute?

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Quick Summary

This discussion clarifies the status of an ex-party decree, particularly an interim injunction, granted when a party fails to appear or respond. Generally, such orders remain in effect until the main suit is decided. While an ex-party order can be vacated, the specific circumstances and whether the main suit has been disposed of are crucial factors. The advice highlights the importance of providing all case details upfront to receive accurate legal guidance.

T. Kalaiselvan, Advocate (Expert) 26 January 2024
Since it is an interim order, the IA and the orders passed therein are temporary in nature which will automatically stand revoked/cancelled or become infructuous upon disposal of the main suit.
If the court has disposed the matter by passing an exparte judgment then the the IA will become infructuous from the date of the passing of the said judgment

Advocate Bhartesh goyal (Expert) 26 January 2024
Ex-parte injunction order will remain in force till the decision of suit .

kavksatyanarayana (Expert) 26 January 2024
Yes. Till the outcome of the judgment, the injunction order will be in force.

Suraj Kumar (Querist) 26 January 2024
Respected Sir,
I have filed the suit against four OP's.The Ld Court passed ex-party order against three OP's on said ground. And further extends injunction order.

T. Kalaiselvan, Advocate (Expert) 26 January 2024
Your piece meal information may get improper and misguided advice.
You could have told the facts in the first post itself.
If the court has set three out of four defendants as exparte, then the fourth one is the contesting defendant.
Therefore the case will be conducted till it is disposed finally by court.
The interim Orders made absolute will continue until then.

Suraj Kumar (Querist) 27 January 2024
Respected Sir,
Forth one defendant received court summon, but not appeared before Ld Court. Court has directed to send summon again.

T. Kalaiselvan, Advocate (Expert) 27 January 2024
Nothing prevented you from posting all the details in a single post.
You are actually misguiding the experts here by posting the details one by one.
However since the case has not been disposed yet, the temporary injunction granted by court will remain effective till the disposal of the main suit.

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