Ex-parte order

Querist : Anonymous (Querist) 05 January 2012 This query is : Resolved
Sir,
My query is in my case defendant's advocate have given the statement No Instructions in the court and on the basis of statement court have proceed ex-parte without giving notice to defendant.

Now after one and half year defendant have moved application under orde 9 rule 13 to ser aside ex-parte order.

Now pls advice the cource of action.

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Devajyoti Barman (Expert) 05 January 2012
If the court gets satisfied by the reasons for his absence the ex parte order would be set aside.

ajay sethi (Expert) 05 January 2012
what has the defendant stated in support of his applicatoion ? grounds mentioned for setting aside exparte order .

if sufficent cause is shown as to why no instructions could be given to defendant the court may allow setting aside of exparte order subject to conditions .

Raj Kumar Makkad (Expert) 05 January 2012
Defendant has legally got right to move such application and you have right to rebut it on all available grounds and now decision has to be taken by concerned court whether the application deserves to be accepted or not.

Deepak Nair (Expert) 06 January 2012
Now your job is to rebut the said application and try to disprove the grounds on which he relies.

prabhakar singh (Expert) 06 January 2012
Yes! defendant has right to move such application.
now you have right to file objection and counter affidavit.
after hearing both side court shall pass order either allowing/or rejecting his application.

Rajeev Kumar (Expert) 06 January 2012
Yes i agree with the common view of all experts

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