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maks (SE)     25 November 2012

Ex-party in dvc

My parents saty in my home town and i stay in another city, I have not taken the DVC notice and my parents recieved at home town. on the date mentioned in notice my parents attended and myself absent. when i tried to attend the second date my lawyer told me that i became exparty now, need to file a setside petition.

could some one please clarify me that for one time the h'ble court declare me as exparty. If yes what are the negative sideeffects of becoming exparty.

 

 



Learning

 2 Replies

Tajobsindia (Senior Partner )     25 November 2012

1. The provisions of DV Act say that Magistrate Court can pass ex-parte Order(s).
2. Follow your advocate's advice and file set-aside application and get it allowed with valid reasons.
3. Once above is filed no such adverse affect it will have on your long term contest of the same.

 

Chetan Joshi (Advisory/Advocacy)     26 November 2012

Hey....

 

 

Trial court surprises many times.... see  Parimal v. Veena  (case)  for better understanding...

 

 

If an ex parte has been passed then you got to file a set aside petition....I wonder how your lawyer let this happen....

 

 

 

Regards

 

Chetan(dot)7679(at)gmail(dot)com


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