Ex Parte order
Soma
(Querist) 16 January 2010
This query is : Resolved
After getting the summon of a Title Suit I appeared for the defendant.
Filed an application under O.1 r.10 for addition of parties.
Date fixed on 18.12.2009 for hearing.
Failed to appear on 18.12.2009, court show caused and fixed on 13.01.2010.
As I also failed to appear on 13.01.2010 the application was rejected on that ground and further ordered that the main suit will proceeded expartee.
Now my question is whether where the application (O.1 R.10) filed and plaintiff filed objection the can the court refect the applicatio on the ground of non appearence or it should have decided ex-parte on merit?
Noe what can I do for setting aside the exparte order?
N RAMESH.
(Expert) 16 January 2010
//whether where the application (O.1 R.10) filed and plaintiff filed objection the can the court refect the applicatio on the ground of non appearence or it should have decided ex-parte on merit?//
Both the options are available to court and court can act on the basis of circumstances of the case. It is better for you if the order was exparte so that you can file an application to set aside the exparte order.
//Now what can I do for setting aside the exparte order?//
File an application under Order 9 Rule 7 of within 30 days of order. (Do that before it becomes exparte decree)
adv. rajeev ( rajoo )
(Expert) 16 January 2010
you filed an application which came to be rejected. Court might given the detial order to reject your application. You cannot now file an application to set aside the expare order you have to file civil revision in the HIgh court against thAT ORDER.
Soma
(Querist) 16 January 2010
Opps again I am confused....it is too painfull to be confused as a junior Lawyer..
However thanks to seniors for your reply
Arvind Singh Chauhan
(Expert) 16 January 2010
file application to set aside the expartee order, if it is also rejected then file revision.
niranjan
(Expert) 16 January 2010
I think that because of your non appearance,the suit was ordered to proceed exparte.You can file the WS alongwith the application for doing bi-parte.The court may grant thecost and take your WS on record and the suit will proceed bi-parte.
