Duration to file objection for ex-parte case
Yeshwant
(Querist) 23 December 2014
This query is : Resolved
Hi,
A case has been disposed as Ex-parte. Just wanted to know, the number of days within which opposite party can file objection and the grounds on which they can file the objection.
And whether duration is same across india, or it changes at state wise / district wise.
Thanks in advance.
Regards,
Yeshwant Gupta.
Devajyoti Barman
(Expert) 23 December 2014
Within 30 days he can file petition for setting it aside or prefer appeal. Even expiry of it he can file the same provided the reason for delay is condoned by court.
Dr J C Vashista
(Expert) 24 December 2014
Once the case has been decided, irrespective of the fact whether it was contested or ex-parte, it will differ from case to case, whether to file an appeal (90 days) review (30 days)revision (30 days).
But no objection can be filed on the case already decided, be clear what you want to know from experts in your query, seek help of your lawyer.
Rajendra K Goyal
(Expert) 24 December 2014
Grounds on which they can file the objection can be ascertained by referring the case file and copy of the decision. Consult your lawyer.
T. Kalaiselvan, Advocate
(Expert) 27 December 2014
If the case was set exparte due to no filing of the counter/objections, then along with the set aside application the said counter/objections is to be filed. Normal period is 30 days without delay but with another petition under section 5 of limitation act to condone the delay by furnishing the genuine reasons for the same the matter can be taken up once again with the same court.
