Ex partee party appearing in appeal case
VISHNU
(Querist) 24 September 2015
This query is : Resolved
In a civil suit one respondent x did not appeared and court made him exparte in final order/Judgment.
After passing of final order when some party filed appeal in session court, then the expartee respondent x is submitting vakalatnama.
Pls advice whether expartee respondent has any right to defend in appeal matter when he is already expartee in main suit.
P. Venu
(Expert) 25 September 2015
Yes, he has. "Ex-parte" is a mere procedural aspect.
Dr J C Vashista
(Expert) 26 September 2015
The ex-parte defendant has all his rights to get the suit (original) restored if it is within law.
However, if suit is already decided/ decreed whom do you refer as "some party"? Should we presume as plaintiff/appellant or defendant/appellant or "some" outsider? Be clear.
VISHNU
(Querist) 26 September 2015
Reply to above query.
Mistake reconciled. The word used as "Some party" is amended to word as same party means a defendant in original suit. In original suit he is totally ex partee among others.
T. Kalaiselvan, Advocate
(Expert) 01 October 2015
He can very well defend himself in the appeal against the exparte decision too. It is not necessary that he has to file restoration petition and then contest, he can prefer appeal against the exparte judgment.
