G.Balakrishnan (Legal &Financial consultant) 01 November 2009
In one hearing Respondent not appeared-Judge declared Exparte order and evidence and in the next hearing Respondent appeared with SET-aside Petition with doctor certificate.But he want some time to file counter.But the Petitioner"s counselfiled Proof of affidavit.Court Informed Respondent to file his SET aside petition along with counter.But the court has not recorded this.So the Respondent filed in the Family court office and go SR.NO.Please inform me about the postiion of the Respondent
Gundlapallis (Advocate) 03 November 2009
The Respondent can file a petition for setting aside the exparte order. The court has not granted him time for filing counter but insisted to file along with the petition for setting aside the exparte order and the Respondent has filed the same in the office - nothing wrong and now he is eligible for contesting the matter if his set aside petition is allowed by the court inspite of your objections to it.
G.Balakrishnan (Legal &Financial consultant) 03 November 2009
Thank u sir, for your reply.Some of my advocate friends informing, the court will return the SET ASIDE PETITION, i have to file in the next hearing along with my counter.Is it ok
Khaleel Ahmed Mohammed (Advocate ) 23 November 2009
I agreed with Mr.Venkat Rao.
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