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Sachin Gulyani (Student)     28 November 2016

What now for exparte? (urgent help needed)

Summons has been duly served after much efforts. 

The online status of case is changed from "Notice" to "Issues"

 

Next date is day after tomorrow.  What preparation are to be done to appear on next date?  Application is to be given to court to proceed for exparte order?  or we need to just present there?  

 

Any other thing to be done to expedite this exparte process? 

 

P.S:  We are sure that respondent will never turn up for the case.  



Learning

 5 Replies

Adv Prashant (SELF PRACTICE )     28 November 2016

If you want fight the case, than 0 appear yourself on date before the court, if the dependent not present, you may asked your advocate to strongly urged to court to issue ex-party order in your favour and against the erring dependent/s. But if dependent appear on such date in the court , court will order him to file WS within 30 days.if dependent also not file WS within such 30 days, your lawyer must urged for issue ex party order.

Adv Prashant (SELF PRACTICE )     28 November 2016

If you want fight the case, than 0 appear yourself on date before the court, if the dependent not present, you may asked your advocate to strongly urged to court to issue ex-party order in your favour and against the erring dependent/s. But if dependent appear on such date in the court , court will order him to file WS within 30 days.if dependent also not file WS within such 30 days, your lawyer must urged for issue ex party order.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     28 November 2016

An ex parte order is always temporary in nature. After its issuance, the party having obtained the order will be required to serve it immediately on the relevant parties, and have the order enforced. Because the court has only heard one party’s position in issuing an ex parte order, the other parties affected by the order will be given an opportunity to present their arguments and evidence. This is usually by setting another hearing date, on which all the parties will be heard.

Sachin Gulyani (Student)     29 November 2016

My lawyer said that on this date, we need not have to do anything.

The court will frame the issues this date. Then on next date there will be evidence state wherein we have to give the evidence.

 

I have gone through Order 9 Rule 6(a) of CPC 1908. Wherein it is mentioned that when summons is served and only plaintiff appears, then court may make an order that the suit be heard ex parte.

 

Please tell me what to do? Do we need to give application to proceed for ex parte further or do we need to do as lawyer is suggesting like framing the issues and then evidence stage and all?

 

I am not getting any proper thing for this.  Please help me.  

Sachin Gulyani (Student)     02 December 2016

Court status changed from "issues" to "petitioner evidence"

 

Lawyer is saying that there are some stages which is to be cleared. Like first was Framing the issues, now as the respondent was not present his stage of written reply is closed. Next stage is evidence then the next stage will be Cross. Respondent will not remain present then court will keep closing these stages for the respondents.

 

Also he said that in evidence stage, court will one more time will order to deliver that evidence to his place and it need to be served again.  Once it is served then cross examination stage will come and as there will be no one to cross it will be closed and then there will date fixed for the order and then the order will be granted.

 

I am writing all these here because since many days I am searching for ex parte divorce and was not able to find any thing proper.  Many were saying that court will order on the first date , some were saying on 2nd date and different replies were coming.

 

Learned members please add to this, as I think that most of the people are having many myths about ex parte divorce and when someone asks about ex parte divorce, instead of throwing light on its working modules, people advice not to go for it as it can be challenged and all at later stage.  I agree to it that it can be challenged at later stage but right now if respondent is not appearing and has eloped, it is better to take the ex parte divorce.

 

Please add to this, it will be beneficial.


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