Exparte application time barred ?????????????/
ksvrajuadv
(Querist) 02 March 2012
This query is : Resolved
sorry in my previous post,i by mistake put wrong date,actually exparte order was on 14/11/11,I was not aware about this order filed POA on 12/12/11,but did not file application for setting aside exparte order,I filed application for setting aside exparte order on 29/2/12,which is very late.here this is suit for permanetent injuction in JMIC court,where I appeared on behalf of 3 defendents,out of which defendent no 1 was exparte on 12/11/11.plz suggest me which law & authorties are in my favour.what is the fate of case.when exparte orderd on that time case was on apperence.
Arvind Singh Chauhan
(Expert) 02 March 2012
Though it is too late, if you can explain that delay was due to genuine cause, court may set aside the exparte order. Generally court adopts liberal view in this regard.
Adv.R.P.Chugh
(Expert) 02 March 2012
Length of Delay is not the conclusive test - acceptability of your explanation is, if you succeed in discharging that burden of proof delay may not be fatal.
Deepak Nair
(Expert) 02 March 2012
NO judgemnt will help you in such a case, but your ability to convince the court that the cause of delay was genuine.
ajay sethi
(Expert) 02 March 2012
as pointed out by experts you have to make out a case for condonation of delay . court may set aside exparte order on payment of costs if you are able to furnish reasonable grounds for filing application and for non appearance
prabhakar singh
(Expert) 04 March 2012
It appears that there isno exparte decree passed in the case but only order to proceed exparte has been passed against the defendant no.1.To get the same set aside you need to move an application to set aside the order along with delay condonation application explaining the situation that caused delay,hopefully the court shall accept your application on costs to be awarded to the plaintiff.
your's would be an application under o9 rule 7 read with with section 151 CPC to set aside an order passed under o9rule6(a) and not an application under order 9 rule 13 for which limitation is provided 30 days from the date of knowledge,hence you need not worry that way.
