Query on validity of ex-parte evidence.

SANJAY SINGH (Querist) 10 August 2023 This query is : Resolved
As in my case , summon was received by the respondent on 07.09.2022 and she was continuously absent on the hearing dates and thus on 11.01.2023, ordered for ex parte evidence on next date i.e 01.03.2023. I presented ex-parte evidences. Now the respondent got case transferred to other family court. So far she has not filed ws. will ex-party evidences/ witnesses already presented in absence of the respondent be valid ?

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When a respondent fails to appear after being duly served, a court can proceed with ex parte evidence. However, if the case is transferred to a new court, the previous ex parte order is typically revoked. The new court will then proceed from the stage the previous court had reached, meaning after the petitioner's evidence was presented but before any final ex parte order. It's crucial to approach the new court to clarify the case's status and stage.

kavksatyanarayana (Expert) 10 August 2023
Where a defendant absents himself from court on the date of hearing mentioned in the summons duly served on him, the court is empowered under Order 9, Rule 6(1)(a) to proceed ex parte and to pass an ex parte decree against such defendant thereon.

T. Kalaiselvan, Advocate (Expert) 10 August 2023
The case has been transferred to some other court by an order of the higher court, hence the exparte decision automatically stands revoked.

Dr. J C Vashista (Expert) 11 August 2023
The transferee (new) court shall proceed de-novo, i.e., from the stage the case was being proceeded by transferer court means after evidence of petitioner till order for ex-parte is not recalled.

Advocate Bhartesh goyal (Expert) 11 August 2023
Yes, transferee cout shall proceed from the stage the case was being proceeded by transferer court..

T. Kalaiselvan, Advocate (Expert) 11 August 2023
You have to appraoch the new court and clarify the details and the status as well as the stage of the case.

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