Exparte proceedings

kamal (Querist) 03 March 2012 This query is : Resolved
what is the difference between ex parte when defendent did not receive summons despite various attempts and ex parte when defendent receives summons put his appearance and then did not turnup in court proceedings despite various opportunities nor files w/s

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Raj Kumar Makkad (Expert) 03 March 2012
There is no practical difference between these two situations.

Kirti Kar Tripathi (Expert) 03 March 2012
Ex-parte proceeding means proceedings in the absence of a party. It may from the initial state or after any subsequent proceeding. There is no material difference.

Ghanshyam Prasad (Expert) 03 March 2012
In first case you can file petition for setting aside exparte decree on ground of non-service of summon whereas in 2nd case you have such ground.

Nadeem Qureshi (Expert) 03 March 2012
Dear kamal
i agree with experts

Adv.R.P.Chugh (Expert) 03 March 2012
Dear Querist,

Legally speaking there should be no ex parte in the first place - for if the service is not effected - then how can you proceed against the person ?

R.K Nanda (Expert) 03 March 2012
Only in second case exparte proceedings can

be passed against defendant.

prabhakar singh (Expert) 04 March 2012
The court can never proceed to pass any exparte decree unless it satisfies it self by its own order that defendant is served with summons,may be by substituted service by publication.

So your first question is absolutely misconceived one.

ANY EXPARTE DECREE PASSED IN ANY SITUATION IS TREATED EXPARTE AND CAN BE SET ASIDE ON GROUNDS SHOWN REASONABLE IN THE OPINION OF THE COURT.

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