Ex-parte order
dhanu
(Querist) 28 October 2012
This query is : Resolved
Dear Sir,
I have filed an Application to ex-parte order on Defendant 1,2,& 3, nor they filed w/s or attended the court, but Defendant No. 2 was attended and filed affidavit of reply, the Hon'ble Judge said to file w/s on next hearing. can I file application to ex-parte for Defendant No. 1& 3, Please suggest me. I have filed suit as Plaintiff in person.
ajay sethi
(Expert) 28 October 2012
if defendant no 1 and 3 have not filed their wirtten statement then you can draw attention of the court to said fact . hope you have filed affidavit of service .
court will pass an order for ex parte against defendant no 1 and 3
Advocate M.Bhadra
(Expert) 28 October 2012
You may obtained ex-parte against the defendant no.1 and 3 but suit will be pending as the defendant no.2 is appeared in the court and may be dispose off after both side hearing.
R.K Nanda
(Expert) 28 October 2012
yes, u can file app.for getting def.1 and 3
exparte by court.
Devajyoti Barman
(Expert) 28 October 2012
Affidavit of reply? In suit he is supposed to file ws, not affidavit of reply.
Advocate Bhartesh goyal
(Expert) 29 October 2012
If proper and valid service of summons of case has been made on defendant no 1&3 and de-spite of service they do not appear in the court then you can draw the attention of court towards this fact and request to court to pass ex-parte order against defendant no 1&3.
dhanu
(Querist) 30 October 2012
Thank you Ajay sir, Barman sir, Goyal sir,Bhadra sir and Nandasir,
V R SHROFF
(Expert) 30 October 2012
Apply for ex parte agn 1 ,3. Court will pas order accordingly. Provided proof of service of summons.
Raj Kumar Makkad
(Expert) 30 October 2012
I have also similar opinion as of Bhartesh.
