Delay in granting exparte decree
Ria
(Querist) 30 August 2011
This query is : Resolved
Respected experts,
I (Plaintiff) had filed an application for exparte decree 3 months back as the the Defendant is not appearing in the court since 8 and hasmt even filed a written statement all these months.
The judge seems to be avoiding the granting of exparte decree by giving various reasons each time.
The judge this time has stated that oral evidence of the plaintiff is required before passing the exparte decree.
Please guide as to what is the procedure required before passing an exparte and is the judge correct in her approach.
DISHA D. SHAH
(Expert) 30 August 2011
after exparte decree ,many time its gone to revision or appeal , and case will start further
dont work on order for exparte
issue notice via court to parties,it is better way
ajay sethi
(Expert) 30 August 2011
generally for obtaining exparte decree you have to file affidavit of service . also your compilation of orginal docuemnts . In case you ahve filed the same court generally grants exparte decree .
in case court insists on evidence of plaintiff , file affidavit of evidence on next occassion . thenr equest court to grant ex parte decree
prabhakar singh
(Expert) 30 August 2011
Non appearance of defendant does not ipso facto makes plaintiff entitled to get an exparte decree from court as law says the plaintiff has to prove his case independently
,illustration are there where suits proceeding exparte were dismissed for want of proof on the part of plaintiff.
Secondly an exparte decree enlarges proceedings and pend ency,that also becomes reason to avoid passing exparte decree,hence employ prudence as per circumstances of your case.
Advocate Bhartesh goyal
(Expert) 30 August 2011
Yes Mr Prabhakar has rightly advised.Every case is proved by evidence unless the other party admits the facts narrated in plaint so before granting Ex-Parte decree court is rightly insisting to plaintiff to adduse evidence.
