Ex-parte proceeding

Tribhuwan Pandey (Querist) 13 May 2010 This query is : Resolved

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Virender Pankaj (Expert) 13 May 2010
No provision of ex parte has been laid down in Cr.P.C, if the accused is absent in the Complaint case.
However the Court may proceed to decide the case ex parte if the Respondent is absent despite service in the proceedings of section 126 Cr.P.C.

Virender Pankaj (Expert) 13 May 2010
Dear Pandey,
Pl don't delete the query in future.

N.K.Assumi (Expert) 13 May 2010
It means something done or said by one person not in the presence of his opponent.Refer to Order XXXVII Rule 4, which speak about Ex-Parte Decree or Order IX Rule 6 and 13, and Aricle 122 and 123 of the Limitation act, 1963.

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