Query regarding ex parte decree
Deval
(Querist) 08 September 2012
This query is : Resolved
My query is as to when an ex parte order/decree can be passed in a civil suit by a lower court? In my case, the issue is that the opponent's lawyer or the opponent himself hardly turns up when the matter is scheduled in the court.
Thank you, Sirs.
Guest
(Expert) 08 September 2012
An ex parte order/decree can be passed in the event of the opponent not turning up in the court in person or through a lawyer.
Ashish Davessar
Supreme Court of India*
Punjab and Haryana High Court*
V R SHROFF
(Expert) 08 September 2012
Deval,
You Apply in court to expedite the matter, and proceed further to next step. If Plaintiff fails to proceed, it will be decided / dismissed
So case end ..
Refresh your LLB study CPC.
R.K Nanda
(Expert) 08 September 2012
Exparte order is passed by a civil court when
defendant does not appear in court despite
the service of summons on him through court.
venkatesh Rao
(Expert) 08 September 2012
In your case, the opponent has put in his appearance through his advocate who has files power. In such a case, if the opponent and his advocate remain absent whenever the matter is posted for hearing, the court may note their absence and proceed with the case and dispose of the same. The opponent has got every right to participate at any stage of the proceedings.
Deval
(Querist) 08 September 2012
Thank you for your replies, Sirs. :)
@ Mr. V.R.Shroff : Sir, I'll sincerely brush up my knowledge as far as CPC is concerned.
