Advancement petition
shahid hussain
(Querist) 19 September 2016
This query is : Resolved
Sir,
In a child custody case IA1,IA2 filed by the petitioner was pending and IA3 filed by respondent was also pending.Both parties filed counters and the matter was pending for arguments and given next date in October.
Suddenly respondent received notice from court with petition (IA4)for advancement to appear on 16-09-2016.The respondent did not appear on 16/09. when enquired in the court the bench clerk said that, the respondent is made ex-party.
My confusion is that the respondent is made ex-party in main case and IA1,IA2,IA3 or Only in Advancement patition (IA4). Next date is on 21/09/2016. Kindly help.Thanks.
cherukuri prasad
(Expert) 19 September 2016
Difficult toanswer your confusing question but exparte proceedings can be set aside by a petition
Raj Kumar Makkad
(Expert) 20 September 2016
How are you concerned with the contents of this query?
It seems purely an academic query.
shahid hussain
(Querist) 20 September 2016
Sir,
It is my sister's case.She is respondent.I have been associated with this forum since more than 5 years.Kindly help what should be done next.Thanks.
Ms.Usha Kapoor
(Expert) 20 September 2016
Dear Client,
You ask the bench clerk only in which proceeding she was set exparte? tell your sister Respondent that under Order IX Rule 13 an exparte decree can be set aside by showing some genuine sufficient cause in which case proceedings she was set exparte?
In G.P. Srivastava v. R.K. Raizada [37] the Supreme Court held that the sufficient cause for non-appearance refers to the date on which the ex parte decree was passed due to his absence and this cannot be stretched to rely upon other circumstances anterior to in time. The defendant cannot be penalised for previous negligence which had been overlooked and subsequently condoned. In the absence of any mala fide intention and remedy sought not barred by limitation, the Courts should favour the defendant unless there are sufficient grounds to the contrary. The Court opined that the provision for setting aside the decree should be given a broad construction and no hard-and-fast guidelines can be prescribed.
P. Venu 
(Expert) 20 September 2016
The order only means that the hearing has been advanced to 21/9. Your advocate can appear on that day and argue the matter.
Ms.Usha Kapoor
(Expert) 20 September 2016
you conform from Bench clerk only regarding which petition she was set exparte. Under Order IX rule 13 she can get the eX Parte order set aside by showing sufficient cause.
Rajendra K Goyal
(Expert) 20 September 2016
Agree with the expert Ms.Usha Kapoor.
Rajendra K Goyal
(Expert) 21 September 2016
Repeated:
http://www.lawyersclubindia.com/experts/Advancement-petition-along-with-interim-relief-615761.asp
Raj Kumar Makkad
(Expert) 22 September 2016
Why have you repeated the same query?
shahid hussain
(Querist) 26 September 2016
Thanks for ur reply.
It is not the same query.He keeps on filing advancement petitions whenever the adjournment date exceeds one week.We are fed up with the court process.In spite of having two advancement petitions pending one more was again called for.
Rajendra K Goyal
(Expert) 01 October 2016
Other side would fed up if you take it as routine, however, no other alternate but to proceed further in the matter.
Raj Kumar Makkad
(Expert) 01 October 2016
You can't curtail the right of any party to move his petition but equally you shall also praise that court has not passed order in either of 3 pending petition seeking early hearing. Why to accuse the court if the procedure is contained in the CPC?
