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interlocutory

(Querist) 09 May 2010 This query is : Resolved 
what wud be the remedy against an order for setting aside ex parte?appeal,revision or writ?
as appeal does not lie against interlocutory order
Virender Pankaj (Expert) 09 May 2010
Revision or writ can be filed against the said order.
Khaleel Ahmed (Expert) 09 May 2010
You can file application before the same court for reopening the case with genuine reason for non appear. The court will consider your application and reopen the matter, provided that application must be with in limitation, otherwise condolence application may be filed.
Raj Kumar Makkad (Expert) 09 May 2010
I do agree with Khaleel
Jithendra.H.J (Expert) 09 May 2010
You have to file Application to the same court and in the same case to set aside the exparte order, if you show sufficient reasons, valid reasons certainly the court will set aside its order. if the court has not passed the order in your favour, then only you can approach the appeal court.

who is that Idiot told you appeal does not lie against the Interlocutory order?
Parveen Kr. Aggarwal (Expert) 09 May 2010
If a defendant is proceeded against ex parte in a suit and the suit is still pending, he may file an application for setting aside of the ex parte order. Such an application can be filed under order 9, Rule 7 of the Code of Civil Procedure, 1908. If such an application is allowed or dismissed, the remedy is revision before the High Court.

If in a suit, a defendant has been proceeded against ex parte and an ex parte decree is passed, the remedy for such a defendant is either to challenge the decree by preferring an appeal or to file an application before the same court passing decree, for setting aside ex parte order and decree. Such an application is filed under order 9, Rule 13 of the Code of Civil Procedure, 1908. If such an application is rejected, the order is appealable but if the application is allowed, the order is not appealable and can be challenged by way of revision. (kindly see the provision contained in Order 43, Rule 1 of the Code of Civil Procedure, 1908)
G. ARAVINTHAN (Expert) 10 May 2010
file application to setaside the order of exparte with reasons and application to condone the delay, if any.

The same Court, which passed an order of Exparte can setaside the order on any condition
Virender Pankaj (Expert) 10 May 2010
Dear Friends
The query is "against an order for setting aside ex parte" not "against an order proceeded ex-parte", thus the revision or writ may be file against the said order.
Jithendra.H.J (Expert) 10 May 2010
don't file revision or appeal, it will be waste of time and money.

opportunity should be given to the other side,(audi alterem partem),

The trail court allowed the application of the defendant it means the court followed natural justice.

Try to win the case on merits not on technical defects.



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