Ex-Parte Proceedings against Defendant.pptx

exparte proceedings against defendant how setaside

1. EX-PARTE PROCEEDINGS

2. ORDER 9 CPC APPEARANCE OF PARTIES AND CONSEQUENCES OF THEIR NON APPEARNCE

3. EX-PARTE PROCEEDINGS AGAINST DEFENDANT RELEVANT PROVISIONS ORDER 9 RULES 6, 7, 9 13 7 14 CPC ORDER 17 RULE 2 CPC HIGH COURT RULES AND ORDERS VOL-I, CH-I, PART-J

4. EX-PARTE IN ABSENCE OF OTHER PARTY OR PARTIES

5. Procedure when only plaintiff appears U/O 9 RULE 6 CPC Where the plaintiff appears and the defendant does not appear when the suit is called on for hearing, then When summons duly served .------Court may proceed exparte and pass decree without recording evidence When summons not duly served .----Re-summoning When summons served, but not in due time .-----hearing be postponed and notice to defendant for such hearing. Where it is owing to the plaintiff's default that the summons was not duly served or was not served in sufficient time, the Court shall order the plaintiff to pay the costs occasioned by the postponement.

6. REMEDY AGAINST EX-PARTE PROCEEDINGS INITIATED U/O 9 R 6 CPC ORDER 9 RULE 7 CPC PRESCRIBES REMEDY AGAINST SUCH EX-PARTE PROCEEDINGS DEFENDANT TO APPEAR BEFORE COURT BEFORE CONCLUSION OF SUIT DEFENDANT ASSIGNS GOOD CAUSE FOR HIS PREVOIUS NON APPEARNACE COURT MAY SET ASIDE SUCH EXPARTE PROCEEDINGS UPON SUCH TERMS AS IT THINKS FIT SETTING ASIDE PROCEEDINGS OF EXPARTE WOULD ENABLE DEFENDANT TO JOIN PROCEEDINGS FROM THE POINT WHERE HE WAS PROCEEDED EXPARTE BUT IF DECREE HAS BEEN PASSED EXPARTE EITHER WITH OR WITHOUT TAKING EVIDENCE, PROVISIONS OF O 9 R 13 CPC SHALL APPLY

7. REMEDY AGAINST EX-PARTE DECREE AND PROCEDURE ORDER 9 R 6 CPC PRESCRIBES THAT DEFENDANT MAY BE PROCEEDED EX-PARTE AND EXPARTE DECREE MAY ALSO BE PASSED WITHOUT RECORDING EVIDENCE IF COURT OPTS TO OR NOT TO RECORD EXPARTE EVIDENCE AND DEFENDANT DOES NOT APPEAR TILL CONCLUSION OF CASE, THE ONLY REMEDY FOR DEFENDANT IS TO FILE APPLICATION UNDER ORDER 9 RULE 13 CPC APPLICATION TO THE COURT WHICH PASSED EX-PARTE DECREE FOR AN ORDER TO SET IT ASIDE APPLICANT HAS TO SHOW THAT SUMMONS HAVE NOT BEEN DULY SERVED OR HE WAS PREVENTED BY SUFFICIENT CAUSE FROM APPEARING IN COURT

8. REMEDY AGAINST EX-PARTE DECREE AND PROCEDURE UPON DEFENDANT’S SHOWING GOOD CAUSE COURT IS DUTY BOUND TO SET ASIDE EX-PARTE DECREE UPON SUCH TERMS AS IT THINKS FIT SUIT SHALL BE TAKEN FROM THE STAGE FROM WHERE DEFENDANT WAS PROCEEDED EX-PARTE NOTICE TO OTHER PARTY IS NECESSARY U O 9 R 14 CPC WHERE DECREE IS OF SUCH NATURE THAT THAT IT CANNOT BE SET ASIDE PARTIALLY THE COURT CAN SET IT ASIDE AS WHOLE (IST PROVISO) WHERE DECREE IS JOINT ENTIRE DECREE WILL BE SET ASIDE. WHERE DECREE IS DIVISIBLE IT MAY BE PARTIALLY SET SIDE

9. REMEDY AGAINST EX-PARTE DECREE AND PROCEDURE 2 ND PROVISE WHERE DEFENDANT HAD KNOWLEDGE OF THE HEARING, DECREE SHALL NOT BE SET ASIDE LIMITATION FOR APPLICATION FOR SETTING ASIDE EXPARTE DECREE IS 30 DAYS FROM THE DATE OF KNOWLEDGE AS PER ART. 164 OF LIMITATION ACT, 1908

10. OTHER REMEDIES AGAINST EXPARTE DECREE APPLICATION UNDER ORDER 12 (2) CPC APPEAL UNDER SECTION 96 CPC REVIEW UNDER SECTION 114 CPC APPLICATION UNDER SECTION 151 CPC WRIT JURISDICTION WHERE COURT PASSING EXPARTE DECREE ACTS IN UTTER VIOLATION OF LAW

11. THANK YOU