what provisions and/or decisions affect ex parte oeders?
Querist :
Anonymous
(Querist) 15 February 2011
This query is : Resolved
Learned Ladies and Gentlemen,
1.I had filed a civil title suit for declaration etc. against a corporate at a trial court of a certain 3rd civil judge, junior division. The defendants have not filed WS during past more than 4 years even after I filed my affidavit-in-chief. I understand I'm entitled to AN EX-PARTE DECREE IN my favor. Which Supreme court observations and/or provisions of statutes and Code of Civil Procedure are relevantly applicable and/or citable to support my prayer for an ex-parte order?
2. Can I ask for costs? If yes, can the amount be SPECIFIED ?
Querist :
Anonymous
(Querist) 15 February 2011
thanks. I'll be most grateful for an early reply by competent experts.
adv. rajeev ( rajoo )
(Expert) 15 February 2011
Cost might have been asked in the suit.
You have already filed your chief examination affidavit so there will be a stage for cross examination after that def., evidence and argument
Querist :
Anonymous
(Querist) 15 February 2011
UNDERSTOOD. BUT AT THIS STAGE, CAN A PRAYER FOR AN ORDER FOR EX-PARTE DECREE-- SINCE WS HAS NOT BEEN FILED BY DEFNDANTS TILL DATE--BE FILED?
2. AND COST OF COUSE WAS PRAYED FOR, BUT CAN ANYTHING BE SPECIFICALLY STATED NOW?
Devajyoti Barman
(Expert) 15 February 2011
I believe the suit is already fixed for Ex parte hearing. So apart from praying for the decree you could pray for cost as well but not for any specified amount. It depends upon the discretion of the court to decide whether to rant any cost or not and if yes, then how much.
Kirti Kar Tripathi
(Expert) 15 February 2011
In case, you have proved your case and prayer is not against the any statutory provision of law, you will get relief on the basis of prayer you sought and decree will be passed accordingly.
If the right of defendant to file WS is not forfeited they may file WS otherwise defendant may file application for recalling of said order and request for filing of WS
Querist :
Anonymous
(Querist) 16 February 2011
If a suit for declaration is filed in, say, 2002, where defendant, duty-bound, files in appearance and allowes the matter to survive till today but never cared to file WS alongside of several FAIILED,legal misadventures, can it anyway be said that the defendant's right to file WS NOW stand forfeited?
abhishek
(Expert) 16 February 2011
If the exparte proceedings have been initiated, then the court may pass an exparte decree in your favour.
Querist :
Anonymous
(Querist) 17 February 2011
to the experts, reply please:
1.What is the formal procedure for initiating ex-parte procedings?
2. Does it have to be made under any SPECIFIC Order and Rule of Code of Civil Procedure and/or Statutes?
