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nitingupta   30 December 2018

Ex parte order


Plaintiff got an exparte decree against me showing the court that defendant is not appearing before this hon'ble court of law intentionally by playing fraud.

When I put an application under O9R13 before this hon'ble court, the hon'ble court dismissed my application saying that there was so sufficient reason for defendant not to present with WS before this hon'ble court of law. 

Now, I have approached High Court of Judiciature at Allahabad with SCC Revision No. 151/2018 which also got dismissed by Single Bench Judge.

What else remedy do I have ? What is a success rate as there's a failure in two courts

Warm regards,


Nitin Gupta Adv.



 5 Replies

Shashi Dhara   30 December 2018

When trial court dismissed the application u have to approach district court but u have directly approached to high court . U now go to supreme court.

nitingupta   31 December 2018

Ms Shashi Dharaji

Respectfully submitted that the trial court order is of ADJ - 6 (Additional District Judge) who by himself is equivalent to District Judge. In such case also, appeal lies to District Judge. 


If yes then how ?


nitingupta   31 December 2018

Dear omprakashji.



I am really in the trouble and don't know what to do next ?


Please help me and advise me what to do next.


Warm regards,


Nitin Gupta

nitingupta   31 December 2018



You need not to apologise sir, We are the juniors who are learning from your goodself. It is you right to make us understand the things clearly.


By the way,


Hua yeh hai ki hamara apne against ek vyakit ne small cause court mein ek case file kar diya court ko dokha dete hua aur hamare against expartee decree kar wa li

Jam humein pata chala to hamne O9R13 ki application laga di. Woh reject ho gayi. Phir humne us rejection ke against high court gaye aur wahan bhi reject ho gayi SCC Revision No. 151/2018 Allahabad High Court.

Ab hamare paas kya kya remedy ho sakti hai

Case District Judge ki court mein file hua tha jo baad mein ADJ-6 mein transfer ho gaya.

Wakil Sahab, District Court mein DJ ke virudh appeal kese file ho sakti hai.

I would like to have your contact no. 


My contact No. is 9411051543

Thanx in advance.\

Warm regards,


Nitin Gupta Adv.



nitingupta   31 December 2018

Isme jyaad bade jurisdiction ka matter tha isliye original jurisdiction hi District Court thi. Court ka bewakoof banakar internet track report daakhil kar aur court ne presume kar liya ki taamil ho gaye hai.



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