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nseng   02 September 2016

Exparty

Dear Sir, My wife has file Restitution of Conjugal Rights in 2014, she has filed intrem application under HMA24 asking for maintenance, for the past 2years 3 judges have been changed and a new judge has come now. For the first hearing the judge gave me next date, I could not attend 2nd hearing since I was sick, when I appeared for the 3rd hearing the judge straight away said it has been posted for orders. Now my query is without me present in the previous hearing there were arguments done, now I want to place the true facts on record, how to set this exparte aside. Please help me what do next? How to ask for my prayer in the honorable court? Is there any application for setting aside the order before my arguments?


Learning

 2 Replies

Sidharth   02 September 2016

What I understood from your query that judge has given next date for orders but havn't signed any order sheet about interim maintenaince till now.

if this so, you need to file 

"application under Order 9 Rule 7 to setting aside order of ex-party and to relegated to the position before applicant was set ex parte"

BEFORE THE NEXT DATE OF HEARING

Sidharth   02 September 2016

Do remember to convince the judge that why your lawyer was not present on previous hearing because your presence was not mandatory if you have appointed a lawyer.


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