Ex parte power to appeal
manveer
(Querist) 22 July 2013
This query is : Resolved
sir
i was petitioner in partion case
there was 10 respondents out of which 8 are ex-parte from begining but on the due date
respondent no 1&2 appear in revue court and put an application for ex parte set aside but we made no objection on it argument were herd and order was made in my favour
but now problem is res no 1& 2 right prevails for appeal but i want to clear wheather respondent 3 TO 10 were ex-parte whether they have any right to appeal in partition case of property as per punjab land revune act
niranjan
(Expert) 22 July 2013
Right of appeal is statutory right and it can be exercised by any aggrieved party.
Raj Kumar Makkad
(Expert) 23 July 2013
The parties which had already been proceeded as ex-parte have two options in their hand. One to file appeal and get the ex-parte order and ex-parte decree set aside and another is to file an application before the same court seeking setting aside the ex-parte order and decree.
