mohansreddy (Advocate) 05 June 2009

regarding rejection of exparte application

I had filed an application U/S o9R7 to set aside the exparte order. I had taken the contention summons was not served upon the defendant. due to Mis communication with the client I was constrained to file the application with that contention. Now the court has rejected my application stating The defendant has recieved the summons and Acknowledgement is in the court file. Now i have challenged that order before Hon'ble High court . Is there any citations favouring my case or similar to my case. I am aware my Written statement cant be taken on record.can i participate in the proceedings like cross examining the defendant and leading my evidence, Arfuments

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8 Replies

Swami Sadashiva Brahmendra Sar (Nil) 05 June 2009

how can you take a new plea before high court !

adv. rajeev ( rajoo ) (practicing advocate) 05 June 2009

Only on the basis of summons served to the defendant is not ground to reject ur application.

Ravichandran (legal profession) 05 June 2009

if court has valid proof that defendant has recieved the summon then there is no other go but summon has not been recieved by the defendant personlaly and summon recieved by some one at his home than you can take plea . the recent judgment in 2008(1)CTC 816 may refer to anaylis your case

Adv. Deepak (Advocate) 08 June 2009

Ex-parte order passed against you, prevents you from filing WS. However, you can very well participate in the proceedings thereafter such as cross-examination and arguments. Hon'ble Court cannot prevent you from doing so.

ASHUTOSH (lawyer) 09 June 2009

dear file appeal against said order

Ashutosh(adv)

Delhi High Court

Abhishek (Advocate) 10 June 2009

Priniples of Natural Justice is violated, but you cant invent new grounds before the HC. I dont know whetjer you have questioned the authenticity of the signature before the Lower court if you have raised it, then it should have considered the same and provided you an opportunity to put you defence.

Abhishek (Advocate) 10 June 2009

The main base of the defendant is the WS and without which how can he proceed with the case.

ashoksaini (advocate) 06 August 2009

sir, without getting the ex-party order set aside you can not file w.s. so. it necessary to get the order set aside by filing appeal. How ever you can join susequent proccedings.