Ex-parteevidence
Balaji Bakthavathsal
(Querist) 04 April 2015
This query is : Resolved
In a Civil Suit, since the respondents have become ex-parte, an ex-parte evidence was given before the District Munsif Court duly taking the oath and submitting a 24 page document as affidavit. However, one of the respondents sought cancellation of ex-parte order which was refused by the judge. The respondent then moved to the high court by filing a CRP and sought stay of the proceedings in the lower court. Meanwhile the lower court refused the request of the respondent to stay the proceeding since the High Court has not given any order to stop the proceedings. Under these circumstances, I was told that I have to get into the box in the lower court and take oath and give ex-parte evidence once again. Is it right ? How many times they can ask for it ? What happened to the previous one ? Please clarify my doubt.
Thanks & Regards
Balaji
Devajyoti Barman
(Expert) 04 April 2015
Since there is no stay on further proceeding on trial. you can proceed to depose ex parte. There is no ambiguity in it.
ajay sethi
(Expert) 05 April 2015
since no stay has been granted by HC trial will proceed before the lower court
Rajendra K Goyal
(Expert) 05 April 2015
Proceed as required by the court as High Court has not stayed the proceedings.
sukanya (Joyce)
(Expert) 05 April 2015
As there is a provision in law for the respondent to appear n show the genuine cause for setting aside exparte order n start up with Case, court has to proceed with the proceedings so your leading or deposing again shall not harm you. more over no stay of proceedings passed in any court. so the answr of above juries , i join my hands to their answer as well.
Dr J C Vashista
(Expert) 06 April 2015
What has been directed by High court is vague, please go through it again. If proceeding of lower court has been stayed and the court proceeds, move in Contempt of Courts against the Judge. Otherwise, the trail court has to proceed.
T. Kalaiselvan, Advocate
(Expert) 09 April 2015
Agreed with the vies of experts, there is no harm in deposing the ex-parte evidence once again, it will benefit you.
