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jack (nothing)     02 October 2015

Respondent set exparte

Respondent Called Absent and Exparte in first appearance of divorce proceedings. posted for next day for PET Evidence. I want to know how to set aside. whats the time limit? plz reply asap..



Learning

 3 Replies

puja saxena (private practice)     02 October 2015

Go for appeal against the said order asap

prabhakar advocate (advocate)     02 October 2015

30 days is the time limit.  File an application to setaside ex-parte proceedings order.  If you crossed 30 days limit period, then also file application along with another application for condonation of delay in the same court.  Your application will be definitely allowed, but by imposing minimum costs.  Do not go appeal at this stage.  If your application will be dismissed ( I do not think so, even if it is delayed more than 30 days), then only think of going to an appeal.


(Guest)

Agree with Mr Prabakar.


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