Whether making application for exparty is required?

Querist : Anonymous (Querist) 07 October 2011 This query is : Resolved
I have filed the case against the Institute and the person (as party) who was given appointment backdoor without holding any selection process in year 2006 as I was the affected party (because I was not given opprtunity to contest against the post which was not advertised as I was working there on adhoc basis)

The CAT has admitted my Petition and issued notices to the respondent Institute as well as the person concerned..But the pvt respondent didn't apper before the Tribunal (only Govt counsel appears before Institute and seeks time to file the counter affidavit)..In case if the Pvt respondent didn't file its reply..whether I/or my counsel should also file the application for treating him the exparty ??

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ESTHERPRIYA (Expert) 07 October 2011
The court will order exparte and you cannot file a separate petition for claiming exparte order.

Advocate Bhartesh goyal (Expert) 07 October 2011
If the opposite party does not appear before the tribunal inspite of service of notice to him,the tribunal has power to pass exparte order against him.you need not to file separate application for same.

Shastri J.K. (Expert) 07 October 2011
I agree with Advocate Bhartesh goyal.

Sailesh Kumar Shah (Expert) 07 October 2011
Is the court called him? If Answer is no, you can't proceed for ex-parte.

Advocate. Arunagiri (Expert) 07 October 2011
If the summons are served, if party is absent while calling, you may press for exparte order. No need for a separate petition.

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