Difference between expartee decree and decree pronounced under order 8 rule 5
Adv Digamber Dalve
(Querist) 15 March 2012
This query is : Resolved
1) what is difference between expartee decree and decree pronounced under order 8 rule 5 of c.p.c.?
2)A party has appeared before court and filed his written statement but failed to cross examine and produce his witnesses and court pronounced judgement is it a expartee decree? whether it can be set aside under order 9 rule 13 of c.p.c.?
3) please support me with proper authority?
Raj Kumar Makkad
(Expert) 15 March 2012
Adv. Dalve! You are advised to please go through CPC and find replies at your own as this site is meant only for needy poor people for their actual real problems and not for lawyers to help for their day to day court work.
Guest
(Expert) 16 March 2012
Dear Dalve,
Being a CEO of a Law Associate Firm, I hope you can well understand, if the advocate of a party does not care for discharging his important duties, like cross-examination of witnesses, producing his own witnesses, defending the case appropriatedly, and remains absent during court proceedings, why he should expect the other party to suffer on account of his dilatory tactics and the court also to wait indefinitely for him and should not proceed ex-parte.
Sincerity of a lawyer towards his client as well the court of law is a must. If he fails to discharge his duties sincerely, I believe, he is taking law as his subservient only, not for justice to the common man.
For the other part of your query I fully endorse the views of Shri Raj Kumar Makkad.
SAINATH DEVALLA
(Expert) 17 March 2012
Dear Mr.Dalve,
You are wrong in your expression in extending thanks to Mr.Makkad and Mr.Dingra.I join them in requesting querists to kindly post those queries which are of help to the needy and poor.You have no right to criticise anyone in the foroum. I always request everyone to be precise and clear in their postings.
Guest
(Expert) 17 March 2012
Dear Mr. Dalve,
Thanks for your compliments. But I wonder, an advocate, who himself does not know about the simple difference between exparte decree and decree pronounced under order 8 rule 5 of c.p.c., considers himself as the judge on others' knowledge, terming that as lack of knowledge. Not only that when an advocate's duties and responsibilities towards his client and court of law are reminded that instance is treated as arrogance. Very funny!!!!!
While on the other hand, by putting such type of question on the open forum, you have done nothing except demonstrating the level of your own legal knowledge.
Guest
(Expert) 17 March 2012
The reason for deletion of Mr. Dalve's comments against Shri Makkad and me is not understood, whether this was withdrwan by the author, himself, or on account of deletion by the adminstration.
prabhakar singh
(Expert) 17 March 2012
The provisions of Rule 5 of Order 8 C.P.C. provides that every allegation of fact in the plaint is to be denied or admitted specifically. On failure of defendant to file pleadings, it shall be lawful for Court to pronounce judgment on the basis of facts contained in the plaint, but the Court may in its discretion, require any such fact to be proved.
Raj Kumar Makkad
(Expert) 18 March 2012
I found no criticism of Dalve here so am unable to reply in response to matter brought to my knowledge by Dhingra ji.
I think Admin has given timely attension towards this controversy.
Thanks Admin sir.
V R SHROFF
(Expert) 18 March 2012
"whether this was withdrwan by the author, himself, or on account of deletion by the adminstration."
No one can delete or withdraw except who replied it, or ADM.
I appreciate ADM quickly take action on objectionable materials.
Thanks to ADM.
Guest
(Expert) 31 March 2012
keep on outrunning each other!
