Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Tana Tony   02 July 2022

Ex-Parte hearing

the defendant has filled written statement and also crossed the pws , but thereafter the defendant did not turn up for final argument since from a year. in such whether court can heard ex- Parte final hearing? but under which provision of Cpc


 3 Replies

P. Venu (Advocate)     03 July 2022

Are you the plaintiff or the defendant?

Saquib Siddiqui   07 July 2022

Yes, the court can proceed with the suit ex-parte without the defendant.

The recourse available to the defendant against ex-parte hearing is that he can file an application under Order 9 Rule 7 of CPC- 1908 and ask the court to relegate the proceedings to such a date where the court had started to hear the suit ex-parte or any later date the defendant deems appropriate.

Even if an ex-parte order has been passed and suit proceeded against the defendant, the defendant still has the right to present his case in subsequent proceedings. The same has been held by the Hon'ble Supreme Court in VIJAY KUMAR MADAN & OTHERS V R.N GUPTA TECHNICAL EDUCATION [AIR 2002 (5) SCC 30]

With Regards,

Saquib Siddiqui (Advcoate)

KUNAL   12 July 2022

Yes. Under Order IX R. 7 CPC, you can file an application. if the court passes an ex parte order, defendant can present its case I'm subsequent proceedings

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Start a New Discussion Unreplied Threads

Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query