exparty order passed in 125 CR.P.C

Querist : Anonymous (Querist) 25 July 2011 This query is : Resolved
if in a case of 125 CR.P.C an exparty final order has been passed and it has been more than six months lapsed whether we should go for appeal to the session court or what v should do
kindly help

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Ajay Bansal (Expert) 25 July 2011
Limitation for filing of appeal in question is one month from knowledge of passing of final order in question.So file appeal after showing that knowledge of said final order has been got just now.

M/s. Y-not legal services (Expert) 25 July 2011
Why you can't file a petition for set aside the exparty order. Its only easy and good one for reduce the claim amount also. So just try for that. Consult with your counsel.

Ravikant Soni (Expert) 25 July 2011
In section 126 the procedure is given for exparte setaside:

126. Procedure.

(1) Proceedings under section 125 may be taken against any person in any district-

(a) Where he is, or

(b) Where he or his wife resides, or

(c) Where he last resided with his wife, or as the case may be, with the mother of the illegitimate child.

(2) All evidence to such proceedings shall be taken in the presence of the person against whom an order for payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with in the presence of his pleader, and shall be recorded in the manner prescribed for summons-cases:

Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is willfully avoiding service, or willfully neglecting to attend the court, the Magistrate may proceed to hear and determine the case ex-parte and any order so made may be set aside for good cause shown on an application made within three months from the date thereof subject to such terms including terms as to payment of costs to the opposite party as the Magistrate may think list and proper.