Exparte evidence

pawan kumar (Querist) 19 April 2012 This query is : Resolved
DEFENCE OF DEFENDENT STRUCK DUE TO NOT FILING OF W/S .CASE PUT TO EXPARTE EVIDENCE OF PLAINTIFF DUE TO ABSENCE OF DEFENDENT ON MANY DATES. DEFENDENT REQUESTED FOR SETTING ASIDE OF EXPARTE EVIDENCE.HIS REQUEST AGREED CASE FIXED FOR ASSESSMENT OF RENT DEFENDENT AGAIN DID NOT APPEAR FOR ASSESSMENTOF RENT. COURT AGAIN PUT THE CASE TO EXPARTE EVIDENCE OF PLAINTIFF.ON GIVEN DATE DEFENT WAS ABSENT AND PLAINTIFF EVIDENCE HELD. CASE POSTED FOR ARGUEMENTS. CAN EXPARTE PROCEEDINGS BE SETASIDE AGAIN AS EVIDENCE OF PLAINTIFF IS OVER.

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Devajyoti Barman (Expert) 19 April 2012
It would depend on the discretion of the court. Generally the court encourages contested hearing if the party appears and prays for vacation of the ex parte order.
If this time again the order is vacated then pray for imposition of heavy costs on the defendant.

Raj Kumar Makkad (Expert) 19 April 2012
Similar question has been asked by various times by the same querist. No change in facts so no change in earlier reply.