Hello members,
An impleading petition filed by a third party to implead him in a suit, was filed in which one of the Respondents was set exparte. Subsequently, an application to implead a party (who is already existing in suit but accidently omitted in the original impleading petition ) over the impleading petition was filed . In this petition, it was not informed to the Judge, that one of the respondents in the original application was set exaparte and hence notice need not be ordered. The Judge without knowledge of the exparte order passed in the parent application, ordered notice in the child application. Only at this time, the counsel came to know about the notice ordered and informed Judge. Judge says that since notice was ordered to a party who was already set exparte, she requires clarification and it is for the counsel to suggest what can be done.
Thanx