Hearing on a petition already allowed
MSC Shekar
(Querist) 14 August 2015
This query is : Open
In a Suit consisting a Plaintiff private party and two Govt Departments as respondents. One of the Govt Dept chose to be Ex Parte and accordingly was set exparte.
In a call for records / documents petition involving the Exparte Govt. Dept. The petition was allowed by the Court and the Respondents did not file counter.
Now after the warrant for call for records is issued they say that the said information is not available.
Moreover the Judge/Presiding officer was transferred to another court and the New Judge / Presiding Officer could not understand a single thing. This new Judge says he wants to give a hearing to this again. What does this mean?
A petition that has already been allowed by the court how it can be heard again that to with a Defendant that chose to be exparte?
Is the action of Govt Dept correct in denying information without filing a counter?
Please Justify the action of the Presiding Officer and the Govt Dept.
Thanks in advance.