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mukesh gupta (advocate)     13 February 2012

Ex-parte order

which of the following is corrrect?


1]  date was fixed for the PWs--------plff. examined the1ST  witness----deft. absent, so failed to cross examine--- ex-parte order passed---- next date  for PWs for 2nd witness------deft. did not applied for an order to set-aside ex-parte order-------stil when the deft. appear on the next date, he may  cross examine the 2nd witness without getting set-aside order , though without getting order to set-aside the ex-parte order, the deft. can not  cross-examine the 1st witness.

2]  after ex-parte order, it is nessery to get such order for taking part in further proceeding and for examining even the 2nd witness.-----------even the 2nd witness can not be cross-examined without taking this order.



 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     13 February 2012

He can cross examine the second wittness without setting aside no cross examination of first wittnesses order.

1 Like

sridhar pasumarthy (ADVOCATE)     13 February 2012

No: 1 is correct.  Defendant can straight away parcipate in the proceedings from the stage as it stood without seeking to set aside the exparte order.  He has to apply for setting it aside only if he wants to set the clock back.  

1 Like

Advocate Bhartesh goyal (advocate)     14 February 2012

If  defendant wants to cross examine pw 1 and pw 2,he has to get set aside the order of ex parte.without getting set aside ex parte orde defendant can participate further proceedings of case .

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