Ex-parte decision
Chandan Gupta
(Querist) 06 January 2012
This query is : Resolved
Dear Members.....
A person who is defendent in an accident case is countinously attending the dates from the last 9 years as dicided by district court from time to time. But the main problem is that complainant is not attending the same dates either personally or by his legal representative.
Now my query is that whether the same case can be decided Ex-parte in favour of defendent on the ground that complainant is not attending the date which unnecessary delay in and no eyewithness present in the court since the date of accident.
Please suggested.....
M/s. Y-not legal services
(Expert) 06 January 2012
ex-parte mean.,
Proceeding brought by one person in the absence of another. even its will be favour to who initiating the proceedings., i.e. plaintiff, petitioner..
now you are seeking for DISMISSAL., of course you are liberty to pray that before court of law.,
if the complainant or the petitioner not showing any more interest for proceed further mean its should be dismissed.,
same time just check it is any apex court dispensed the appearance of the petitioner's.
-tom-
Shonee Kapoor
(Expert) 06 January 2012
The case can be dismissed.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 06 January 2012
yes if complainant has remained continously absent draw attention of the court to aforesaid fact . obtain copy of roznama . make an application that case be dismissed
Raj Kumar Makkad
(Expert) 06 January 2012
If the petitioner is no appearing then you should pray before the court to dismiss in default the petition. As per procedure of the court, such petition shall be dismissed accordingly.
Deepak Nair
(Expert) 07 January 2012
You are entitled to file an aplication for dismissal of teh complaint for continuous absense of the complaintnat and for no steps taken by the complainant for a long time.
Deepak Nair
(Expert) 07 January 2012
Criminal cases are not coducted ex-parte. so this is not an ex-parte trial.
Devajyoti Barman
(Expert) 08 January 2012
If the complainant does not appear the case is private complaint case then it would be dismissed on non prosecution.
Else warrant would be issued against the de facto complainant.
There is no scope of ex prate hearing in civil or criminal case if the plaintiff or the complainant remain absent.
