Exparte order - lumpsum payment

Ria (Querist) 13 September 2009 This query is : Resolved
Respected Experts,

I had contested my case party in person, and Iam set to recieve an exparte order in my favour, Now the repondents lawyer at thelast moment has filed the proof saying that the respondent retired from service one year back. As a result of this the judge has set aside the interim maintenance that was granted to me.

1)How do I recover the lumpsum amount that is granted in the exparte decree ?

2)Can I ask the court to attach the PF of the respondent that he recived ?

3)Can I ask the court to order an enquiry into the PF recieved and the assets that he may be owning ?

4) Can I ask for compelling production of documents that may be necessary in proving his income ?riven

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Raj Kumar Makkad (Expert) 13 September 2009
If ex-parte order/proceeding has been set-aside then the proceeding of the case shall start from the stage it had been ordered ex-parte. You have not mentioned that stage hence no specific answer can be provided without knowledge of that fact. However, you can file an application under 38 Rule 5 at any stage of civil suit if you have prema-facie evidence to the effect that the defendant/respondent is trying to dispose-off the suit property and if any decree is passed against him, the same cannot be executed, in that case court can pass appropriate order restraining the respondent to do so.riven

Sarvesh Kumar Sharma Advocate (Expert) 13 September 2009
ria,
file all four queries in a manner of an application before the court who setaside dt and wait for the dispossal of dt application.riven