Ex-parte order

Guest (Querist) 17 December 2009 This query is : Resolved
In one of the property dispute, We filed a case against our uncle in Tribunal court.

1. Court summoned notices to respondent 3 times of different dates through a person (may be a attendentant of tribunal).

2. My uncle (Respondent) not accepted any notice.

3. Now judge given final date for hearing and served final notice to respondent through registered post. If respondent not accepted notice through registered post also, what will be the next step judge going to take?

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Devajyoti Barman (Expert) 17 December 2009
If the postal article comes back 'refused' or 'not claimed' then it is a good service and the tribunal can proceed ex-parte. If it comes back as 'not found'or 'left'then you can either resend the notice or ask for leave for paper publication.

Arvind Singh Chauhan (Expert) 17 December 2009
I agree with Barman Sir.

Raj Kumar Makkad (Expert) 17 December 2009
Nothing to add in the accurate opinion of Barman.

Anish goyal (Expert) 17 December 2009
Perfect opinion

Sachin Bhatia (Expert) 17 December 2009
The tribunal can pass an ex-parte against the respondents.

Kiran Kumar (Expert) 18 December 2009
its strange to know that when the service was already refused 3 times they why the judge felt need of sending the notice through registered post.

well, if it is refused again then certianly the judge will proceed for the ex-parte proceeings.

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