Respondent 5 and Respondent 6 are part of a false DVC case. They have not received any notice so far.
However opponent lawyer is misguiding magistrate that they are intentionally not appearing in court when our lawyer was not present in the court for couple of hearings. Magistrate has written in the docket order to give NBW on them. However lawyer filed a memo to recall this. This is still pending with Magistrate.
1. Is there any SC/HC judgement to counter this on issuing NBW by magistrate for a civil case where notices are not being served and for misusing their power/authority?
2. I heard that even if notices are served, since DVC is civil case , if any order to be passed, magistrate can take "ex parte" decisions. Please confirm
3. Unless someone breaches/violates court order in DVC, NBW should not be issued. Is this understanding correct ? I have infact seen judgement that even if maintenance is not paid, NBW should not be issued.
4. Should I wait until Lower court takes decision on whether to execute the NBW or approach directly to HC for quash of it ?