ex-parte
asifa butt
(Querist) 08 May 2010
This query is : Resolved
when an apllication for setting aside ex-parte order does not mention the date and source of knowlege of the pendency of lis.what wud be the legal effects?
Devajyoti Barman
(Expert) 08 May 2010
Then the bona fide of the application takes a beating.
niranjan
(Expert) 08 May 2010
But if it is within time,it can be considered.
G. ARAVINTHAN
(Expert) 08 May 2010
To be dismissed with Exemplary Costs. This bad procedure to be torn out
Parveen Kr. Aggarwal
(Expert) 09 May 2010
Order 9, Rule 7 of the Code of Civil Procedure, 1908:
"7. Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance:- Where the Court has adjourned the hearing of the suit ex-parte and the defendant, at or before such hearing, appears and assigns good cause for his previous non-appearance, he may, upon such terms as the Court directs as to costs or otherwise, be heard in answer to the suit as if he had appeared on the day, fixed for his appearance."
There is no need to mention the date and source of knowledge. The requirement of the provision is just showing good cause for previous non-appearance. No limitation period is prescribed.
