Exparte

Querist : Anonymous (Querist) 30 September 2017 This query is : Resolved
When the defendants remains absent on numerous occassion at stage of framing of issues, can the case proceed exparte?
Defendant have filed written statement and thereafter one after the other they are abstaining from court..

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Vijay Raj Mahajan (Expert) 30 September 2017
Yes defendants can be proceeded ex-parte who inspite of many calls made by the court remain absent at any stage even if they had filled their WS.

Advocate Bhartesh goyal (Expert) 30 September 2017
No,defendants presence is not necessary at the stage/time of fram�ng issues.Framing of issues is function of court so at this stage court can neither dismiss the suit in default nor can proceed ex - parte against defendant.

Rajendra K Goyal (Expert) 30 September 2017
No advice to query from me to an author who is anonymous.

You can post the query in fresh thread with your identity and material facts.

P. Venu

(Expert) 01 October 2017
Learned Expert Mr. Rajendra Goyal:
Posting "No advice" is still a reply and an advice.
Please note that LCI allows the querists the option of remaining anonymous.

Guest (Expert) 01 October 2017
A reply, may be negative if made, cannot be termed as no reply, may the expert falsely declare not to reply. I am sure, as of his habit for playing a number game, Mr. Rajendra K Goyal cannot avoid making a vague reply..

Guest (Expert) 01 October 2017
@ the anonymous querist,

Have not you asked this question from your own lawyer? If not asked, at first ask him and if asked, discuss, what is his opinion, before asking opinion of experts.

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