UserProb 02 February 2020
SHIRISH PAWAR, 7738990900 (Advocate) 02 February 2020
SHIRISH PAWAR, 7738990900 (Advocate) 02 February 2020
manoj 02 February 2020
in a recent judgment by Supreme Court the high court should not pronounce exparte order. The High Court should hear on both sides and should pronounce order.
So quote the judgment before the High Court to setaside the order
V E MANOJ KUMAR
ADVOCATE
CELL NO 8686159292
UserProb 02 February 2020
Joy Bose 02 February 2020
You need to approach the court with CPC order IX rule 13 I.e. setting aside ex-parte decree.
2. You can appeal against such order under CPC section 96(2) - An appeal may lie from an original decree passed ex parte.
3. Apply for review under Order 47 rule 1 I.e. Application for review of the judgement.
4. File a suit on the grounds of fraud.
Advocate Suneel Moudgil (Advocate) 02 February 2020
you are required to file an application to set aside the ex-parte order
Dr J C Vashista (Advocate) 04 February 2020
It is not an ex-parte decree as presumed by an expert and advised to apply u/o IX Rule 13, Section 96 for filing first appeal and/or review of the order under the provions of Order XLVII Rule 1 CPC.
It is an ex-parte order stated to have been passed by High Court, get it set aside through your lawyer engaged/ paid by you.
However, if you feel strong for second opinion it is advisable to consult another local prudent lawyer for better appreciation of facts/ documents, professional guidance and necessary proceeding.
Mr. V E Manoj Kumar,
Could you please share the judgment stated to have been passed by Apex Court, wherein High Court can not pass ex-parte order ?
Thanks and regards.
Adv. Umesh Arora (SCI) 03 March 2020
It depends upon the date of order as well as the language of the order. You can file your medical certificate to this effect and get it restored.
Regards