How to challenge exparte in hc in 125 case

If court is of the openion that the respondent is deliberately avoiding the proceedings, it shall pass an ex-parte order. However, an application to set aside the ex-parte order can be filed in the same court only, but within 90 days from the date of order. Howevver, the court may set aside the order if good grounds are shown and may direct you to pay the cost of proceedings or a fine.

No need to challenge it in High Court at this stage.

By the way, why you are heading for an ex-parte order. Fight it on merrit. Hire an advocate to do the job. Once the court develops negativity towards you, it would be a great challenge for you to win the case. Else, you can opt for amicable settlement through mutual discussions.

Originally posted by : sandeep
	dear sir, want to know, if court gives exparte orders in 125 case as respondent did not show up.and if some amount is ordered from date of application, how to challege in High court? do i have to pay the full amount ordered and then challege? do i have to make part payment and then challege? or directly put an application for challenge.?. can i also challenge it in the same court. "? thanks

If you dont go to court at all, and there is no representation on behalf of you at all, only then exparte decisions are taken.  It will show you in bad light and court wont accept your 126 (2) crpc application, rest usual mode is going for appeal in HC, there too, they wont accept your applcation untill unless you have paid half of arrears.