Ex-parte
RAHUL MAHAJAN
(Querist) 31 March 2012
This query is : Resolved
R/Sirs,
A files a declaration suit against B regarding some property,summons were issued to B,B did not appeared on due date fixed,but B appears on the next hearing along with his counsel and came to know that case has been decided ex-parte against B but his counsel did not filed any application for setting aside the same ,now please tell is there any remedy remained for B ,as tomorrow is his next date after one month and his counsel could not appear due to his ill health.no ex-parte evidence has been lead by A.Now plz advice, What should B do?
Adv.R.P.Chugh
(Expert) 31 March 2012
B should make an application to set aside the ex parte proceedings under order 9 R 7, if the court finds good cause for non appearance earlier it may restore the suit to bi-parte and relegate you back to the position you held before it proceeded ex parte
venkatesh Rao
(Expert) 01 April 2012
Bharath aptly advised. No more to add.
