Exparte evidence
pawan kumar
(Querist) 09 February 2012
This query is : Resolved
defendents have not filed written statements nor appearing on various dates court says ex parte evidence of plaintiff willbe done what does it mean. can defendent ask for reopening of case after court gives verdict ex parte after plaintiff evidece. defendets did not appear for arguements also.pl explain the court system
V R SHROFF
(Expert) 09 February 2012
Most probably case will be decided in Plt fvr.
now def may appeal against the order.
Deepak Nair
(Expert) 09 February 2012
Ex-parte simply means "for one party"
Exparte pfoceedings means the legal proceedings conducted by the court for one party when the other party fails to appear before the court or give its say.
Once the case is disposed off ex-parte, the party against whom the ex-parte order is passed can go for appeal against the order in the higher court.
Even if the defendants fail to appear, the court will pass order on the merit of the case only.
ajay sethi
(Expert) 09 February 2012
why did you not appear on various dates? why did you not file your WS ? whatw as the reason?
if you have failed to file ws in time you could have taken out application for conddonation of delay in filing WS . the court would have permitted you on payment of costs .
since you have been uterly negligent and di not cross examine plaintiff or his witness nor appeared for arguments court has ruled aginst you .
you cna go in appeal and try your luck . but you have to explain the reasons why you could not appear
Arvind Singh Chauhan
(Expert) 09 February 2012
If there are genuine ground fot non appearance. Defendant may apply for setting aside the exparte order if 30 days have not been expired from the date of exparte order.Or file revision within 90 days from the date of order.
Adv.R.P.Chugh
(Expert) 09 February 2012
Get it set aside or file an appeal. Though there is serious lapse on your part without any jusitifiable reason, still for your lapse - petitioner does not become entitled to what he is otherwise not. When deciding ex parte court's duty becomes too onerous - it still has to be convinced that Plaintiff established prima facie evidence, and in ex parte proceedings defednant still gets chance to cross Plaintiff's witnesses - which i am sure you've not done. However still the opinion remains if the plaintiff did not have a good case - which could have been decided in favour even after the deemed admission (by not filing the WS) - his decree can be successfully assailed.
See Balraj Taneja v Sunil Madan - 1999 SC
prabhakar singh
(Expert) 09 February 2012
Yes!defendant can still appear and move an application under order 9 rule 13 of C.P.C. to set aside the exparte decree passed in your favor by the court showing some good reason that kept them deprived from appearance.
Devajyoti Barman
(Expert) 09 February 2012
all have rightly advised and hence no addition is required.
Raj Kumar Makkad
(Expert) 09 February 2012
Much has already been explained so it shall be only duplicacy if I also join the room.
Deepak Nair
(Expert) 10 February 2012
Dear Ajay Sir,
I think the querist is not the defendant in the present case.
Just an assumption. nothing else....
