Exparte decree
pawan kumar
(Querist) 11 February 2012
This query is : Resolved
an ex parte decree awarded against defendent who did not file written statement and also did not deposit cost for default in filing w/s. defence struck of. defendent did not done arguement case adjourned for ex parte evidence of plaintiff . ex partedecree passed in favour of plaintiff can be setaside by same court or by higher court or cannot be set aside as defendent had no cogent reasons toexplain for his frequent absence and not cooperating with the court inproper conduct of case. defendents generally adopt these tactics to deny justice toplaintiff. can any body explain complexity of indian legal system
Devajyoti Barman
(Expert) 11 February 2012
The ex parte decree is unlikely to be set aside.
In the circumstances stated above no ground would be sufficient enough to convince the court.
Rajeev Kumar
(Expert) 11 February 2012
Yes i agree with Barman
DEFENSE ADVOCATE.-firmaction@g
(Expert) 11 February 2012
The basic concept of litigation is that both parties should be heard and decison should be on merit.
Ex party orders can be set aside by same court by giving costs and if not higher courts are liberal in such matters.
V R SHROFF
(Expert) 11 February 2012
Must Appeal and prepare ground for non appearance of Defendant, to remand back the case to lower court in the interest of justice.
venkatesh Rao
(Expert) 11 February 2012
Same court which passed exparte decree can set it aside u/o 9 rule 13 of CPC if the defendant is able to satisfy the court that he was prevented from sufficient and reasonable cause to file WS in time. Of course petition to be filed within limitation period.
Advocate M.Bhadra
(Expert) 11 February 2012
In view of common law the concept of judicial process are to allowed the both parties for appearing and hearing.But this views generally are misuse which causes lengthy process of laws.Ex-parte order may be set-aside within specific time or thereafter if there is sufficient causes for non-appearance.
prabhakar singh
(Expert) 11 February 2012
Mr.Rao is right about law.Mr.Bhadra is right about it's misuse.
It is a matter of procedural matter in courts and ultimately demand of natural justice may turn the cloak to his side on exemplary costs.
Raj Kumar Makkad
(Expert) 11 February 2012
Same as well as upper court, both can set aside the ex-parte decree subject to sufficient reasons and exemplary costs.
Sankaranarayanan
(Expert) 11 February 2012
Yes I too agreed exppert rao"s version
Bhumik Dave
(Expert) 13 February 2012
agreed with Shri Makkadji.
