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

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2 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)