Setting asede ex parte judgement and decree provision

anil deoram kute (Querist) 22 January 2020 This query is : Resolved
bank recovery civil suit is filed against me and forgot to attend the court on given date. resultantly the suit is marked as exparte and judgement is passed exparty.

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If an ex parte judgement has been passed against you in a civil suit because you missed your court date, you have options. You can apply to the same court to set aside the ex parte order by providing valid reasons for your absence, potentially under Order 9 of the CPC. Alternatively, if a judgement has already been delivered, you may need to file an appeal before the District Court or a higher court.

SHIRISH PAWAR, 7738990900 (Expert) 23 January 2020
Dear querist,

Court may set aside the ex parte order on your filing application as per your grounds under order 9 of cpc. If judgment is delivered you have to appeal before district court.

Regards,

Sailesh Kumar Shah (Expert) 23 January 2020
If the Bank within reasonable time moves application for restoration of the case, the court may allow said application.

Raj Kumar Makkad (Expert) 23 January 2020
It shall be better for you to get the ex-parte order set aside from the same court by citing the valid and convincing reasons which led yo not to appear in the case.

There is another option to file an appeal against the said order/judgment before the upper court.

Dr J C Vashista (Expert) 24 January 2020
When was the ex-parte judgment passed and when did you (or your counsel) came to know ?
What is the opinion and advise of the lawyer engaged/ paid by you, if you are a party ? Do you need second opinion and obligation of experts on the basis of limited facts posted by you?
It is advisable to consult and engage another local prudent lawyer for better appreciation of facts, professional guidance and necessary proceeding without waiting for FREE advise on this platform.

R.K Nanda (Expert) 24 January 2020
As judgement is passed you will have to appeal in higher court.

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