ramana (mariner) 06 February 2016

Exparty

dear experties,

in my diverce case my wife dragging my case more than one and half year,they didn't file a counter and dragging by each and every time,now finally hey judge given exparty on last month but have next hearing exparty evidence.my question is what is exparty evidence? eaither they can cancell this exparty - what are the chance to get this case can be extend ( i got my speedy trail judgement to complete this case with in 6 months but its already completed what i have to do furthur) pls guide me,

thanks in advance

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2 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 06 February 2016

An ex parte order can be set aside by the adverse party by moving under order 9 rule 7. CPC

ANAMIKA VICHARE (LAWYER) 07 February 2016

You better keep your list of docs/list of witness ready alongwith affidavit of evidence nad submit it in the vey first call, later if she comes n fileapln for setting aside, ask for heavy cost for setting it aside and pary for shorter dateas and then you acn file your addnl affdvt of evidene on the basis of her written statement and offer for serving addbnnl affdvt in advance pres for framing issues right on that day and then the amtter can be kept for cross ex,mn

It seems for one n half year you also didnot taKE ANY stepfr exparte hrng