Ex- parte proceeding
Sushil Wattal
(Querist) 14 May 2015
This query is : Resolved
Sir, Please tell me what is the time limit for setting aside ex-parte proceeding- my specific question is regarding Ex-parte proceedings only not related to ex-parte Decree
defendant has set ex-parte on 16-7-2014 and he moved an application for setting aside ex-parte proceedings on 09-09-2014
Plzz suggest me whether the application is on time, if not whether Condonation of delay application is required or compulsory (I AM FOR PLAINTIFF SIDE)
If possible plz also provide some judgements
REGARDS,
Sushil
Yudhish Padman S
(Expert) 14 May 2015
Dear Sushil Wattal,
There is no time limit while the case is still pending. Therefore, application to condone delay not required. Prepare your defence in accordance to O.IX.R.7 CPC.
Devajyoti Barman
(Expert) 15 May 2015
Time limit is 30 days. Beyond this time one has to file petition for condonation of delay.
Yudhish Padman S
(Expert) 15 May 2015
Dear Devajyoti Barman & Rajendra K Goyal,
30 days' time limit is to file a petition to set-aside the ex-parte decree. The present question pertains to filing of petition to set-aside an ex-parte order (ex-parte proceedings), for which, there is no time limit.
Sushil Wattal
(Querist) 16 May 2015
Dear Devajyoti Barman & Rajendra K Goyal
do you have any judgement on that point
