Ex party order
Suhail SHahbazker
(Querist) 30 June 2013
This query is : Resolved
IN my case in the Co-Op Court, the Hon'ble Judge has mentioned ex party order and reply against one of the Opponents and two years passed, the Opponent didnot replied tothe said EXHIBIT in ROZNAMA.
When I raised the issue with the Court, the Hon'ble Judge has kept the matter for hearing on next date. Please note that already two years passed the Opponent did not raised the issue. I heard that such type of Ex Party order reply needs to be taken up wihin one month.
Please advise my response to the Court. One more development, the said Opponent has resigned from MC, and asked for to be out from the Dispute. Pl advise even if he is not MC member will he continue to be Opponent or he is releived
ajay sethi
(Expert) 30 June 2013
at the relevant time the opponent was member of mC . hence he was proper and necessary party to the case . you should concentrate your energies on the main dispute against society .we are not aware of the detailed facts of your case or releifs claimed by you . go by your lawyer advise .
Suhail SHahbazker
(Querist) 30 June 2013
Thanks a lot for your prompt Valuable Advises
Sir, I have filed the case in person. Can I place this ground that he has not replied for two years on the said reply to EX Party order and Ex Party order should be passed with cost or your suggestions please
the Dispute is relief for challenging Society election as invalid and 2nd dispute is challenging the Resolution passed by General body for carrying the repairs to terrace above the permissible limit of RS 1 lac without calling the Tender is illegal and invalid.
prabhakar singh
(Expert) 30 June 2013
Any party in person can raise all grounds that favors him.
If you mean to state here that there is an exparte order against your opponent on the record and that is known to him since last two years and he has taken no steps to get such exparte order set aside so far while he was required to do so within 3o days from the date of his knowledge then certainly it is a favorable point in your hand to press against him.
Suhail SHahbazker
(Querist) 30 June 2013
Thanks a lot Mr. Parbhakar for your valuable
inputs. I hope I will get justice.
The Hon'ble Judge has also decided to consider framing of issues during the hearing,
If something is not taken up the Hon'ble Court can I rasie it during framing of issues or I will have to file Affidavit of evidence and 2nd ly in case of final hearing can I take up my matter orally and simultaneously submit the Written final arguments. Please advise and wishing you all suucess for helping me out in time and best regards
prabhakar singh
(Expert) 30 June 2013
Well if court does not consider or misses then bring it to it's notice again.
You can bring it to courts' notice even at the time of framing issues.
Affidavit evidence is required to be filled after framing of issues.
yes!Final Arguments are generally made orally.
written submissions are filed on direction of court itself or after seeking it's prior permission.
Suhail SHahbazker
(Querist) 30 June 2013
The Returning Officer a senior citizen during the election before two years and now 75 years old. While replying to the Dispute the RO has stated that he will reply separately to the Dispute which he did not hence the Court has put order in the ROZNAMA to proceed with no reply and no WS as against Opponent RO. The Opponent filed Notice of Motion which is pending before the Court in which Opponent RO has mentioned he could not attend due to his wife's sickness. Again now the Opponent RO has made application for exemption from personal appearance citing his own illness and his wife's illness whereas the fact is that he is in a very good health and moving all around in and out of Society premises almost every day that too several times. If I take his photograph of his movement, will it be an evidence that he is misleading the Court. OR what should I place before the Court objecting to relieve him from personal appearance. as he is misusing his senior citizen age as crieteria for exemption.
Raj Kumar Makkad
(Expert) 30 June 2013
Though presence in civil suit is not required for either of the parties to the suit but even then the reasons told by the opponenet in his application if found wrong and misleading to the court then definitely it attracts prejury and contempt of court. Collect the evidence and file prejury proceeding against him.
Suhail SHahbazker
(Querist) 01 July 2013
Thanks a lot for the feed back will photograph of the RO moving out from society premises throuout the day will do the purpose or should I take two witnesses who are ready to depose on oath about his day-to-day movment
Raj Kumar Makkad
(Expert) 01 July 2013
2 witnesses supported with your photographs shall form best evidence in the given matter.
Suhail SHahbazker
(Querist) 22 August 2013
In the above referred matter in continuation I have obtained the attested copy of Vakalatnama, which shows that the two said opponents have not signed the Vakalatnama that not admitted representing of the said Advocate in their matter,
Please advice can I raise the issue and will it be supportive for me that the Advocate cannot represent the two opponents during the hearing of ex party matter or through out the final hearing.
