Options available to set aside ex-parte evidence
ganesh
(Querist) 12 December 2019
This query is : Resolved
I am petitioner in CMP in a Main(DV) petition. i did not appear in last hearing. Trial set to exparte evidence. kindly inform me options available for me to vacate ex-parte evidence.
thanking you.
KISHAN DUTT KALASKAR
(Expert) 12 December 2019
Dear Sir,
If we have a ground for non appearance then you can put the same in your affidavit along with documentary evidence if any and normally it will be allowed.
Raj Kumar Makkad
(Expert) 12 December 2019
How much time has expired?you have not given details, without which definite reply can't be offered.
Raj Kumar Makkad
(Expert) 12 December 2019
Order is required to be re-called but many other factors are also to be taken care of which can be disclosed once you come with some more facts.
ganesh
(Querist) 13 December 2019
Thank you for your reply Raj Kumar Makkad Ji. Exparte set on 28 nov 2019 and posted for exparte evidence on 19 12 2019. No exparte order so far. i request information on how to restore CMP originial state where in adjournments have been done for counter by respondent for my CMP. i apprehend missing of legal process that when CMP on trial for want of counter by respondent how is it possible to take main petition for trail because of CMP petitioner absent on the adjourned date. I , cmp petitioner is not in default as it was for cmp respondent to file counter then. please guide on if there any procedural lapse which i can apply for setting aside ex-parte that was set.
Raj Kumar Makkad
(Expert) 13 December 2019
As the period of 30 days has not expired so nothing to worry. Immediately move an application re-calling of the order passed on the last date of hearing mentioning therein definite reasons of your absence supported with duly sworn affidavit. Generally courts impose some cost and then restore the case at the same stage if the application is moved within a period of 30 days. You should plead that it shall otherwise in the interest of justice to decide the matter on merits rather on technical grounds/ex-parte which shall increase multiplication of litigation.
ganesh
(Querist) 14 December 2019
Thanks to you Raj Kumar Makkad Ji . It is a detailed clear guidance.
T. Kalaiselvan, Advocate
(Expert) 30 December 2019
As advised you may file a set aside petition to set aside the exparte order passed by court against you.
The reasons to be stated in the affidavit may be carefully worded.
