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H.D.Kumaravelu (Advocate)     30 November 2009

Exparte procedures

Hello,

In courts after service of summons and notices in any proceedings, the person mentioned in the notice are called thrice and then only they are set exparte . Why ?  what is the real reasons behind calling their names three times.



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 5 Replies

Sandeep (Taxation)     30 November 2009

Hi,

According to the civil procedure rules, the case must not be heard ex-parte unless the defaulting party has no sufficent cause to show that it could not make itself present. The procedural technicalities must not supercede the intrest of justice and giving an ex-parte order without sufficent cause would amount to injustice.

An ex parte order is an order as u/s 2(14) of cpc and can be appealed against.

 

Thanks and regards.

Sandeep Thakur.

N.K.Assumi (Advocate)     30 November 2009

See clause (a) Sub Rule 1 of Rule 6 of Order IX of  the Cpc.

H.D.Kumaravelu (Advocate)     30 November 2009

Sir,

My question is why are they called 3 times before setting them exparte ?

Sandeep (Taxation)     01 December 2009

 Under the amended O XVII Rule 1 (Act No. 46 of 1999,  w.e.f 1-7-2002), the restriction to adjournments in limted to three. but hon'ble Apex court in a landmark judgement has held that this provision is directory and not mandatory. Hence, person is called thrice and assumed that has utilised his "right" to take three  adjournments.

Hope iam able to solve your query. If you need a detailed text of the judgemnet or any other opinion, you are most welcome.

Regards,

 

Advocate Sandeep thakur.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     02 December 2009

//why are they called 3 times before setting them exparte ?//

The answer is simple. It is a custom followed for long time and not governed by any rule or law.


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