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deb (Advocate)     01 January 2014

Ex parte ad interim order

Dear Sir,

Is it allright if a Judge has passed an ex parte ad interim injunction against the defendant without the presence of either plaintiffs and defendants

basically no body appeared and judge has given exparte adinterim exparte order 

Does the Judge have such discretionary power to pass an order without hearing any advocate




 6 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     01 January 2014

Dear Querist

no, the court may not pass any order in the absence of the parties and their advocates. file an revision/appeal as case may be.

deb (Advocate)     01 January 2014

what do you mean by may not, either you say will not or say can pass

your reply has no legal parlance

Advocate Bhartesh goyal (advocate)     02 January 2014

Yes Judge have discretion to pass an ex-parte order without hearing a party or his counsel.

deb (Advocate)     03 January 2014

kindly give one example where judge has passed exparte injunction order against defendants without the plaintiff not pressing on it.

Judges discretion does not extend without hearing the parties or their advocates. Its illegal to do so and liable to be dismissed

in your entire career have u seen such an order kindly let me know

when u file a suit and u dont appear the next day does the judge dismiss it or give a next date

r u really practising

Advocate Bhartesh goyal (advocate)     04 January 2014

Mr  deb

          Read  commentary of order 9 and sec 151 of cpc.

Advocate Bhartesh goyal (advocate)     04 January 2014

Mr  deb

          Read  commentary of order 9 and sec 151 of cpc,you will get answer.

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