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vijay (asst manager)     24 October 2016

Ex party orders

 Dear Sirs,

Case filed in district consumer forum and on 14.07.2016 no one appeared in the court from OP and hence court passed EX party order ,it s mentioned in Proceding but proper order is not prepared.Later on court accpeted the application of OP to set aside the same and court accepted the same .I want to go state forum against this .What i need to file in state forum? Is it first apeal or reveiw petition ? Still case is pending at District forum .On waht ground i need to file the review?


 3 Replies

Ms.Usha Kapoor (CEO)     25 October 2016

It  is an interlocutory petition on which op filed  an IA to set aside the exparte order  issued  because  while passing the orders on exparte proceedings the judge commented that it was not  a proper order. Hence  the OP filed  an interlocutory application for setting aside  the exparte order and it was set aside. Agains tthis Interlocutory order  if you prefer an  application in High court under section 482 Cr.P.C  you need to file  a Criminal Revision petition and not crimina appeals. which will ARISE AFTER FINAL JUDGMENT. SINCE THE CASE IS STILL PENDING  IN 'DISTRICT COURT  ONLY INTORLOCULTORY ORDERS WERE  PASSED SETTING ASIDE THE  EARLIER EXPARTE ORDER AGAINST THE  OP.   If YOU APPRECIATE  THIS ANSWER PLEASE CLICK THE THANK YOU BUTTON ON THIS FORUM.

Advocate Bhartesh goyal (advocate)     25 October 2016

District Consumer Forum and State Commission have no power to set aside their orders or review the same so you have to file revision petition u/s 17 of Act before State Commission against the setting aside order.Sec482 of Cr.P.C doesn't apply in consumer cases.
1 Like

Satish Mishra   30 August 2018

This is correct information.

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