Can divorce case b made ex-parte after filing vakalat

Originally posted by : pavhep
	he said lawyers are on strike so am handing it to you and in next hearing u'll receive the counter. In the next hearing Judge is on leave and when queried it is stated as he is retired and the court hearing doesn't happen for 7 months. New Judge came and has made it as Ex-parte stating counter has not been filed. It seems very fishy to me. So can any one explain this.

Judge is legally right. Judge granted the opportunity to file counter but if the respondent didn't file any reply he can declare the respondent exparty or may close the opportunity to file reply. It is the discretion of the judge.

But it is contradictory as previous judge recorded statement  as Bi-party - Respondent filed vakalat. Shouldn't it be Respondent failed to file counter so ruling the case in favour of Petitioner. 

Can you pls tell me the grounds when can Ex-parte is declared

and also under which section of Hindu Marriage act 

Every civil court has the inherited power to grant

1. exparty orders

or

2. stuck off the defense

or

3. close the opportunity to file reply

aginast the respondent if respondent fails to obey the orders of the court. 

Why are you saying that " it is contradictory as previous judge recorded statement"

What was the recorded statement ?

@ Author

Are you sure no hearing has taken place for 7 months .Have you seen the Rozanama or visited the court website of your district .

Better to file application for setting aside ex parte order against you and to file your reply at sametime.

Yes, they kept giving the dates but Judge was always absent. Since July to Feb

Hi Sachin, 

can an you pls send/paste a sample draft 

Originally posted by : pavhep
	Yes, they kept giving the dates but Judge was always absent. Since July to Feb

This argument has no value as you was bound to give your reply on next date of hearing, if presiding officer was not there you should have submitted your reply to the reader / or clerical staff when they were calling your name on date of hearing.

Moreover, on the date when judge was granting exparty orders, you should have submitted your reply.

Vakalat was filed in July and ex-parte was declared couple of days back by the new Judge and the petitioner raised the query the same day. So the petitioner checked with me and before answering I wanted more information 

Originally posted by : pavhep
	Hi Sachin,    can an you pls send/paste a sample draft

THE APPLICATION UNDER  ORDER-9, RULE-7 FOR SETTING ASIDE AN EX-PARTE ORDER 

Most respectfully showeth:

1. That I am the defendant / respondent  in the above mentioned case.

2. That on previous date of hearing this hon'ble court has granted exparty orders against the respondent for non-filing of reply in the present case.

3.That < reason / excuse>

Prayer:

1. Kindly call back the exparty orders passed.

2. Allow the respondent to file reply in the present case

Affidavit

Verified at…………….on this the………………day of…………., 2017, that the contents of the above application are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

Deponent

@ Sachin 

Can a Judge revoke his own order 

Originally posted by : stanley
	@ Sachin  Can a Judge revoke his own order

Yes, any court either civil or criminal can call back its exparty orders. In usual practice judge will impose some penalty on applicant.

Originally posted by : pavhep
	Vakalat was filed in July and ex-parte was declared couple of days back by the new Judge and the petitioner raised the query the same day. So the petitioner checked with me and before answering I wanted more information

How are you connected with this case ? 

This has to be filed by the Respondent right and I am talking on behalf of Petitioner. When Petitioner raised the query the court said how it can be a Ex-party, the Bench clerk said this is in favour of you. So in the next hearing submit your evidence.