Exparte order
Neeraj Kaushal
(Querist) 20 November 2011
This query is : Resolved
Respected seniors,
I have filed application u/s 126 of Cr.P.C. for setting aside ex-parte order passed in application u/s 125 of Cr.P.C. after the period of 2 years. Ground of application is that i have never received the summon of court and it is true also.
whether my application is maintainable . Exparte order can be set aside after the period of 2 years. Main case is fixed for arguments now , if my application will be allowed , whether i have right to file reply in main case and have right to cross examine the applicant and is their any citation of any court which would help me .
Devajyoti Barman
(Expert) 20 November 2011
Yes you can very much try to set aside the ex parte order vide section 126 crpc.
The time would be counted from the date of your knowledge and the court always prefer a contested order.
Once your application under this section is allowed you would be given chance to file objection and face trial.
Shonee Kapoor
(Expert) 20 November 2011
Yes application is maintainable.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 20 November 2011
Such application is duly maintainable.
R.Ramachandran
(Expert) 21 November 2011
The limitation for filing the application for setting aside the ex-parte order is three months as given in Sec 126 Cr.PC. The delay need to be cogently and plausibly explained to the satisfaction of the Court.
Sailesh Kumar Shah
(Expert) 23 November 2011
I also agree with Mr.R Ramachandran on detailed reply.
