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cyberlawyer (barrister)     18 April 2013

Courts power to recall notice ordered to party set exparte

 

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.

 Now, is there any provision in CPC which enables a Judge to recall a notice ordered to a exparte party ?. 

 If the above is not possible, in my opinion, withdrawing the child application, with liberty to file fresh application is a correct step. Is this OK ?. 

 What is the correct provision of law in CPC for filing impleading petition in an impleading petition ?. Kindly do let me know the steps in filing amendment petition or the relevant portion in CPC with respect to amendment/impleading of parties  in interlocutary applciations.

Thanx 

 

 



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 1 Replies

cyberlawyer (barrister)     21 April 2013

Hello members, If my question is not clear please let me know so that i can explain it in simple and clear terms...

 


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