Notice to o.p. on restoration application
V.N.K. MENON
(Querist) 07 August 2012
This query is : Resolved
Can anybody tell the legal position in the following situation:
There is a rule that notice is to be given to the other party when a matter is closed for non-appearance restoration application is made by a party. Context is as follows:
1. Whether the terminology ‘decree’ is relevant here?
2. Party-A (respondent) cross-examined Party-B (Plaintiff) in April. In the next month i.e. May Party-B was declared ex-parte for non-appearance and avoided being cross-examined by Party-B. In the next hearing in July, Party-B’s advocate did not appear and Party-B became ex-parte. But immediately Party-B filed restoration application which was granted by the court. Thereafter 14 hearings /adjournments were given and despite that Party-A neither applied for restoration nor subjected himself to cross-examination by Party-B.
In the situation, is it necessary for the court to give notice party-A on restoration of application of Party-B, where Party-A is already out of the race?
If not could any body suggest how can it substantiated. Friends valued opinion is solicited at the earliest, please.
Devajyoti Barman
(Expert) 07 August 2012
The query is vague.
Clarify whether the decree is passed ex parte or evidence of one party is merely expunged.
V.N.K. MENON
(Querist) 07 August 2012
To be specific:
I am 60 years and belong what is called weaker group and cannot afford advocate and am party-in-person. Court is Labour Court.
11.4.2005 Party –A cross examined Plaintiff-B and the same was closed and next date was fixed for evidence of Party-A and his cross-examination by Party –B for 19.05.2005 warning Party-A that no adjournment would be given.
On 19.05.2005 Party-A did not appear and was declared ex-parte and fixed for 14.7.2005 for ex-parte evidence.
On 14.07.2005 advocate of party-B did not appear and was declared ex-parte by the Court.inference can be drawn by implication in view of money-power of Party-A.
On 23.07.2005 - Having come to know about what was transpired, Party-B submitted application for restoration which was granted by the Court.
Thereafter 14 hearings / adjournment took place, in none of the hearings Party-A did not make appearance.
01.08.2006 Award was passed by the Lab. Court in favour of Party-B.
05.10.2006 Implementation Notice from Govt. of Delhi to Party-A.
Party-A approached Labour court to set aside the Award without accounting for his deliberate ‘absconding’ and the application of Part-A was promptly dismissed by Labour Court.
Party-A approached High Court invoking Art.226/227 of COI, saying that no notice was issued to Party-A. Is it tenable in the present situation?
My question is there any way out since Party-A was already out of the race.
I leave it the collective wisdom of experts and friends to give the correct spanner me. This will help an indigent person a lot as the Other Party has money-power.
