Ex-party cases

Thyagarajan (Querist) 29 June 2013 This query is : Resolved
A civil case of mine against CMDA/Corporation is set as ex-party and I have fled the proof affidavit of my complaint. As my contention was not challenged by respondents by filing a counter can I assume the judge will pass orders on the the basis of proof affidavit. Will the orders will be in part to my satisfaction or in full? or can judge reject the petition for want of merit?

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Raj Kumar Makkad (Expert) 30 June 2013
Even if ex-parte, the plaintiff has to establish his case before the court. Proof affidavit is not sufficient to hold favourable judgment unless the case stands on merits.

Adv Archana Deshmukh (Expert) 30 June 2013
Yes, even if the matter goes ex parte, the plaintiff has to prove his case with evidence.

Thyagarajan (Querist) 30 June 2013
Thanks for experts view.
I am confidant that I can prove my case before the judge.However in what way the judge will take the defendants' action of not challenging my contention against them? Will he take it as acceptance quilt by them pending proving of the same from my side?

Rajendra K Goyal (Expert) 30 June 2013
The decision will be on merit and will have the basis of your plaint, evidences, documents, arguments etc. Absence of defendant does not mean his acceptance of guilt.

prabhakar singh (Expert) 30 June 2013
In normal course of business courts do consider affidavit of plaintiff as proof of exparte case.

But plaintiffs should not understand it their right since legally court has right to insist plaintiffs to prove their case.

Simultaneously it should be also understood that even a defendant not choosing to set up defence by W.S. has right to cross examine plaintiff's evidence.

Thyagarajan (Querist) 30 June 2013
If defendants presence is immaterial to contest my claim why should court send notice to defendant before the court hears me fully and decides I have proved my case?

prabhakar singh (Expert) 30 June 2013
INVALID QUESTION.
THERE IS A 'RIGHT TO BE HEARD'

Guest (Expert) 30 June 2013
Under what notion you have considered that defendants' presence is immaterial to contest your claim? If the judgment has not yet been delivered, the defendants can join the course of proceedings any time to defend their case on merits, if there be any.

Thyagarajan (Querist) 30 June 2013
Dear Prabakar Sing,
I understand court has right to hear me.
My only question was in what way the courts will take absence of defendant?I also understand even if defendant contess my claim the merit of contest will be there.
thanks for yr answer

prabhakar singh (Expert) 30 June 2013
WHEN YOU UNDERSTAND ALL WHAT FOR THESE DISCUSSIONS ARE BEING CARRIED ON BY YOU IS BEYOND MY COMPREHENSION DEAR!
THANK YOU.

Raj Kumar Makkad (Expert) 30 June 2013
Most welcome from your side author.

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