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Shubham   21 March 2024

Ex parte decree.

Their are 3 defendants in civil case and out of which 2 were made ex parte and  later plaintiff suit dismissed for want of plaintiff . And now defendants become decree holder ,so what is the status of ex parte dendants, will explain parte defendants get benefit of decree holder 



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 7 Replies

T. Kalaiselvan, Advocate (Advocate)     21 March 2024

Firstly if the suit was dismissed then how can the defendant  become the decree holder.,

The relief was sought by the plaintiff, upon dismissal of the suit, there is no question of passing off the relief to the defendant because the defendant has opposed the relief sought by the plaintiff.

Do not interpret the law to your convenience

Advocate Bhartesh goyal (advocate)     22 March 2024

Plaintiff's suit will be deemed dismissed against all the defendants irrespective  of the fact that ex-parte order was passed against some of defendants at earlier stage.

Dr. J C Vashista (Advocate )     22 March 2024

The suit stands dismissed and closed for non-prosecution.

However, no relief for ex-parte defendants shall be granted even if the defendants have claimed.

Facts posted need more clarification, it is better to consult your lawyer who is well aware about facts and circumstances of the suit / case.

Real Soul.... (LEGAL)     22 March 2024

That is really non-sence

Shubham   22 March 2024

Defendant in that filled counterclaim also,that's why.

T. Kalaiselvan, Advocate (Advocate)     23 March 2024

Your piecemeal information will fetch you misguiding opinions.

Nothing prevented you from furnishing the proper details in your original post.

I think you are testing the knowledge of the experts here.

If the court has not considered the counter claim and simply dismissed the case then the aggrieved defendant can prefer an appeal insofar as his counter claim before the appellate court.

Dr. J C Vashista (Advocate )     23 March 2024

Confusing statement cannot lead to form proper opinion and oblige.

It is better to consult a local prudent lawyer with relevant records for analyses of facts and professional advise.


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