Soma (ta) 12 September 2012

Ex party order

Hi,

There is khorposh case under section crpc 125 against my brother.My sister-in-law had filled this case in lower court but we had moved this case to high court.In high court some proceeding took place because when checked for status in high court sight it was showing that the case was under motion.But I think now no proceeding is taking place as high court site is not showing any update.In the mean time there was a date given to us by lower court which is 22nd of august 2012 which was the first date to appear in lower court.But our high court lower told that there is no need of appearing in teh lower court.But our lower court lawyer is telling that it was necessary to appear on that date and lower court can issue some exparty order.

1. Can any please xplain me what is ex party order and what can be the consequence of ex party order.

2. My high court lawyer was telling us that it will not be a prob as we didnt appear on that date.He will vacate it.I am not sure what does teh term vacate means in this context.

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Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 12 September 2012

The term "ex parte" in the law means that something is done with regard to another party without that party present. Generally, ex parte communications are not allowed because they can be unfair and violate due process. Both parties must have the right to tell the court their side of the story.

Most often, ex parte orders are done in cases of domestic violence or child abuse and generally in an emergency situation.