Court procedure
kamal
(Querist) 13 June 2012
This query is : Resolved
summons recd. my counsel appeared on my behalf. mycounsel asked for orignal rent agreement to see and took its photocopy thereafter my adv took 5dates to file w/swhich was not filed and court imposed cost struck the defence. cost was not deposited.case posted for exparte evidence of plaintiff my advocate applied for set aside of exparte proceedings. to which plaintiff agreed cost imposed but again not deposited. case fixed for assessment of rent my adv. didnot appear court again fixed case for exparte proceeding. evidence of plaintiff held and court after giving few dates passed eviction orders. are these orders are exparte and can be set aside by moving application.
Devajyoti Barman
(Expert) 13 June 2012
Th ex parte order is very unlikely to be set aside after how recklessly you handled your case.
Even if it is allowed that would be on strict compliance of payment of arrears rent.
R.K Nanda
(Expert) 13 June 2012
No more to add.
Kiran Kumar
(Expert) 13 June 2012
too badly conducted case.
keep in mind the Hon'ble SC is very strict in these matters.
Had I been a judge, I would have dismissed all your pleas for setting aside the exparte orders keeping in view the facts and circumstances of your case.
When it comes to Non Payment of rent, there is a strict interpretation by Hon'ble SC that only one opportunity.
In your matter rent was assessed, you were given sufficient opportunity to deposit the same....but you did not....eviction orders passed....No look back for you.
ajay sethi
(Expert) 13 June 2012
you were granted sufficent opportunity to plead your case . if your advocate did not appear you had option of changing your advocate . you did not do so . court has been very liberal in granting you adjournments . costs were imposed yet you di not pay the cots . you dont dserve any sympathy .
venkatesh Rao
(Expert) 15 June 2012
Yet, you are at liberty to seek setting aside the exparte order by giving cogent and convincing grounds and depositing costs.
venkatesh Rao
(Expert) 15 June 2012
Yet, you are at liberty to seek setting aside the exparte order by giving cogent and convincing grounds and depositing costs.
dev kapoor
(Expert) 15 June 2012
Iam afraid the advocate is guilty of professional misconduct apart from the fact that there is little chance for setting aside this kind of ex parte order/proceedings/decree/award.But the qnr has said the judge 'struck the defenece'.After the defence is struck off under CPC there is NO scope left for setting aside ex parte.Ex parte is done under O:9 but defence is struck off under Section 35-B CPC.
Yet if the court did set aside its order by striking off defence,it amounts to illegality & abuse of process of the court as in that case,unlike O:9,the only remedy to the defendendant is appeal/revision,not setting aside ex parte.The judge can be pulled up for sitting as an 'appellate court' on his own order & upset the same.
What is probable remedy now:
1.Seek setting aside of ex parte judgement on the ground of 'negligence' on the part of the advocat stating that he (and not you) dealt your case by gross negligence(if you have stated the facts correctly).There are judgments where HCs have held 'negligence of advocate is not the negligence of party';
2.You can also simultaneously file a complaint of deficiency in service rendered by your advocate which consequently led to ex parte decree against you in the manner you have mentioned herein,under Consumer Protection Act.
Shonee Kapoor
(Expert) 16 June 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
