LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ranjithkumar   26 July 2024

If opposition party is not present for more than 3 months

IA / EA Pending / CMP Pending / CRP Pending / CMA Pending for more than 3 times. And filed case as orginal petition. Opposition party didn't present the court for more than 3 times. May I know what is the next stage and how it will? Thanks for your answer in advance 



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     26 July 2024

You can insist before the court over the ignorant attitude of the respondent and pray to the court to allow the pending application as prayed for.

Dr. J C Vashista (Advocate )     26 July 2024

The court is empowered to proceed ex-parte for which you (or your lawyer) should insist.

Saloni Pande   08 August 2024

If the opposition does not appear for court three or more times, quickly following hearings, then several strategies can be implemented to ensure that a fair and speedy trial is maintained. The only thing which the Court of law is empowered to do in case an absconder plays comprise, for one round at least ,is conducting ex-parte proceedings.

Ex-parte proceedings are trials or motions that go forward without the other side. Should the absence continue, this could lead to a default judgment for the petitioner. But, before proceeding ex-parte the court sees to it that due notice has been served and a reasonable time is afforded for opposition. For service of notice to be valid in the legal context, then the processes involved should notify a respondent by serving them with court documents through registered mail or personal delivery so that they meaningfully understand what is going on about him/her.

Under Order 9, Rule 6(1)(a) the court may proceed ex-parte and pass an ex-parte decree when it deems fit that the defendant has absent himself from the court on the date of hearing stated in the summons served to him in accordance with the provisions of the Code.

setting aside any order of dismissal of any representation for default or any order passed by it ex parte; 424(2)Second appeal: As per Section 100 of the Civil Procedure Code, an appeal lies to the High Court from every decree passed in appeal by any subordinate Court if the High Court is satisfied that the case involves a substantial question of law. Under this Section, an appeal may lie from an appellate decree passed ex parte.

 In case of the opposition party remaining absent, the court is likely to issue a proclamation declaring the respondent as an absconder. This legal declaration has drastic implications that bind the respondent from travelling, accessing certain services among others. The court may also direct that the property of respondent be attached. If the court believe that is likely to happen then it can seize a respondent asset to comply with rules of the court or in order for example, petitioner gain compensation.For more serious cases, a warrant of arrest may be issued against the opposing party to force them for appearance in court. Now the court orders the warrant to appear, which is an indication that this absence was a willful attempt to delay their day in front of judge Such procedural safeguards are central to the integrity and efficacy of the judicial system, ensuring that a party's intransigence with respect on issue does not avoid justice indefinitely. Designing a perfect communication and notice record is itself an aid to the court for passing ex-parte order, besides that as long it definitly helps in furtherance of actions against non appearing party


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register