CrPC 125(2) Interim Maintenance, Court not give enough time

In your absence Court may pass an ex-perte order on that date fixed for,you should better to file a Time Petition.To set aside the ex-perte order it would time for 30 days ,you may go to the District Court after passing an order. and also  you have some  evidence which will go on trial later.

What is the Set aside period for Ex-Parta. is it in the same court or have to go for sessions Court.

 

---   higher court of that court.

not giving enough time to file the counter

----    this will be a good ground for set aside tge judgment.

you present at the court file an application stated ' two days insufficient to you for the following reasons .....'

submit it and get it signed by the court.

if the court refused or do not allow the petition, file the same with a complain against that court to the higher court.

YOU HAVE EVERY RIGHT TO DEFEND YOURSELF.

if i dont go on that date and file counter?

 

---   it will effect you adversely. you attend and apply for extension of time.

I gave a telegram to the junior counsel about the medical emergency, if he produce it in the court, still will it be ex-parta? wont give time?

Thanks,

it's depend upon the judge. generally time should be given, but if the judge is biased or openant created sufficient pressure or it was genuine ly delayed, then judge may not extend the time. keep contact with your advocate, on mobile.

 

 

Arup

UNEMPLOYED

What is the Set aside period for Ex-Parta. is it in the same court or have to go for sessions Court.

 

---   higher court of that court.

That is why I call you a quack. you do not know law.  Where it is said that ex-parte proceedings/order shall be challenged only in higher court.  Why it can be challenged in the same court, which passed the order?  Under what order and what rule the exparte proceedings / orders can be challenged?

Why do you give legal advice, without having an iota of legal knowledge.

Section 126 (2) proviso says:

......the magistrate may proceed to hear and determine the case ex parte AND ANY ORDER SO MADY MAY BE SET ASIDE FOR GOOD CAUSE SHOWN ON AN APPLICATION MADE WITHIN THREE MONTHS FROM THE DATE THERE OF.

quacks like ARUP and his counter parts patting him must be confronted till they are driven out by the ADM.