Exparte order
pushpakrishna
(Querist) 15 February 2019
This query is : Resolved
Dear experts
I filed a suit for recovery of money and summons were sent to the defendant but he did turn up on the date of hearing and the honorable court passed an exparte proceedings.
There after filed an EP along with attachment of amount of Jdr lying in a bank.
Even then the jdr did not attended and court passed an exparte proceedings and posted hearing on 01.04.2019.
It is learnt that the jdr is going to with draw the entire amount from his bank knowing the above with in a 15 days .
At this stage the Dhr filed a petition for advancement of the case for hearing with an out of order.
But court is pressing for notice to other side.
In the main suit the defendant set exparte though summons were served and in EP notices also served but not attended though notices were served. In both times the court passed an exparte proceedings.
Now for ADVANCEMENT PETITION COURT IS PRESSING NOTICE FOR OTHER SIDE.
I AM NOT ABLE TO UNDERSTAND IN BOTH TIMES MADE AN EXPARTE PROCEEDINGS.
HENCE I REQUEST YOU ALL THE LEARNED EXPERTS GIVE AN ADVICE ON THIS REGARD AND IF IT IS CONVENIENT FOR YOU ALL GIVE ME A CITATION.
PLEASE NOTE THAT EVERYONE NEEDS AN OPINION FROM OTHERS.
THANQ VERY MUCH IN ADVANCE.
Dr J C Vashista
(Expert) 16 February 2019
You have already filed EP and informed banker of JD, intimate his banker to attach decretal amount.
Meanwhile press for early hearing of EP.
pushpakrishna
(Querist) 19 February 2019
The banker informed that court order is must to stop the payment when jdr requested with a written request.
SHIRISH PAWAR, 7738990900
(Expert) 27 January 2020
Dear querist,
There must be specific direction to the bank. You can again file your application for specific direction.
Regards,
