Clarification regarding ex parte
Ranganath
(Querist) 25 February 2012
This query is : Resolved
Ld counsels,
Will Order 17 rule 3 applicable in this case. I have a OP for divorce in which wife filed counter affidavit. Also my wife filed OP for divorce which was also hear together and post for marking of documents.
I was set ex parte in OP filed by wife and my OP was dismissed in default. Is there any application of order 17 rule 3 of CPC to this case which will render any application to set aside ex parte order incompetent, forcing me to go for appeal alone. Will dismissal of my OP in default is an order on merits as contemplated under O 17 R 3. Kindly clarify. Thanks.
Ranganath
(Querist) 25 February 2012
Please note that I havent filed my proof affidavit in my OP and technically the trial in that OP didnt start.
Ranganath
(Querist) 25 February 2012
Also note that no cross examination of my wife happended in her OP.
Raj Kumar Makkad
(Expert) 25 February 2012
There is no application of the subject application in the given case but you can required restoration of the petition if you convince the court with sufficient reasons leading not to come present to persue your petition. Generally courts provide this relief subject to some cost if the application is moved within a reasonable period with sufficient cause.
Ranganath
(Querist) 25 February 2012
Thanks for kind reply, M. Makkad.
Deepak Nair
(Expert) 25 February 2012
I understand from yout query that what both you and your wife wants is divorce. In that case why don't you give your consent to the divorce petition filed by wife to finish the issue at the earliest instead of restoring your petition. In any case the outcome will be same. But a little smartness can save your valuable tmie, energy and money.
Please rectify me if myunderstanding is incorrect.
ajay sethi
(Expert) 25 February 2012
agree with mr makkad . make an application to court for setting aside order. you will have to filean affidavit and make out a case as to why you could not file your reply etc in time .
Shonee Kapoor
(Expert) 25 February 2012
Agreed with Ld. Mr. Makkad.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 26 February 2012
Query not clear to me. u Must give Facts for my opinion.
