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UserProb   02 February 2020

Ex-parte orders

I am respondent in this case. Ex-Parte Orders passed by High Court due to non-appearance by respondent. Case adjourned to next date. I never knew about this case. What needs to be done ?


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 8 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     02 February 2020

Dear querist,

You have to set aside ex-parte orders passed against you. ΔΊ

SHIRISH PAWAR, 7738990900 (Advocate)     02 February 2020

Dear querist,

You have to set aside ex-parte orders passed against you.

Regards,

manoj   02 February 2020

in a recent judgment by Supreme Court the high court should not pronounce exparte order. The High Court should hear on both sides and should pronounce order. 

So quote the judgment before the High Court to setaside the order 

V E MANOJ KUMAR

ADVOCATE

CELL NO 8686159292

UserProb   02 February 2020

Can I just appear on the next date in court and request the court to hear me.

Joy Bose   02 February 2020

You need to approach the court with CPC order IX rule 13 I.e. setting aside ex-parte decree.

2. You can appeal against such order under CPC section 96(2) - An appeal may lie from an original decree passed ex parte.

3. Apply for review under Order 47 rule 1 I.e. Application for review of the judgement.

4. File a suit on the grounds of fraud.

 

Advocate Suneel Moudgil (Advocate)     02 February 2020

you are required to file an application to set aside the ex-parte order

Dr J C Vashista (Advocate)     04 February 2020

It is not an ex-parte decree as presumed by an expert and advised to apply u/o IX Rule 13, Section 96 for filing first appeal and/or review of the order under the provions of Order XLVII Rule 1 CPC. 

It is an ex-parte order stated to have been passed by High Court, get it set aside through your lawyer engaged/ paid by you.

However, if you feel strong for second opinion it is advisable to consult another local prudent lawyer for better appreciation of facts/ documents, professional guidance and necessary proceeding.

Mr. V E Manoj Kumar,

Could you please share the judgment stated to have been passed by Apex Court,  wherein High Court can not pass ex-parte order ? 

Thanks and regards.

 

Adv. Umesh Arora (SCI)   03 March 2020

It depends upon the date of order as well as the language of the order. You can file your medical certificate to this effect and get it restored. 

Regards

 


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