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what is the procedure to follow when a person is marked ex-parte
23-Jul-2023 (In Family Law)
i live in Pune, i cant attend the first date of hearing of DV case in Delhi, i plan to attend the next date, also no lawyer is presenting the case as of now. 1] what is the procedure to follow for absent from the court 2] if i am absent on the first date what negative can happen
Immediately you have to contact a lawyer in Delhi so as to know what happened on the last date of hearing in your DV case. Most of the time on the first occasion the court might have simply adjourned the matter and a date might have been given if you don't appear for the first time. But rarely it is not uncommon if the court proceeded the cade ex-parte i.e in your absense. If that happened then you have to move an application to set aside that order and make your submissions through a lawyer.
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Adv. S. Sethu Mahendran
Delhi | 100+ Answers
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1. Since this was the first dat of hearing and considering you're not a local resident of delhi. The court will grant you pardon as ex parte does not occur on the first dates.
2. If you can give it writing in the court in the next date of hearing, the reasons why you weren't able to attend the previous date, the court will not onlt grant you pardon but allot you time for hiring an advocate as well. Provided reasons must be thorough so as to why you're weren't able to come to the court or hire an advocate for that matter.
Further, ex parte proceedings does not initiate immediately. Yes, in criminal cases the possibility is much more but not if you have legit reasons to miss the fdoh.
2. If you can give it writing in the court in the next date of hearing, the reasons why you weren't able to attend the previous date, the court will not onlt grant you pardon but allot you time for hiring an advocate as well. Provided reasons must be thorough so as to why you're weren't able to come to the court or hire an advocate for that matter.
Further, ex parte proceedings does not initiate immediately. Yes, in criminal cases the possibility is much more but not if you have legit reasons to miss the fdoh.
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Adv. Arzoo Raj
Delhi | 25+ Answers
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If the case has proceeded ex parte then u have to firstly move an application for setting aside the ex parte order.under order ix rule 11 or rule 13 of CPC . The application should have suffient reason for your non appearance. After then u can join the litigation in a general way.
If u will appear before the hon'ble court without having sufficient cause of your non appearance on last date there may be some possibility of unfavourable order.
If u will appear before the hon'ble court without having sufficient cause of your non appearance on last date there may be some possibility of unfavourable order.
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Adv. Keshavdeep
Delhi | 25+ Answers
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Sir,
You have to engage local lawyer to defend your case and in the first date Hon.Court may show in the order sheet as Resp. is absent .If you absent the case will be decided in your absence and you have to follow Hon.Courts order .
Ajitkumar
Advocate
You have to engage local lawyer to defend your case and in the first date Hon.Court may show in the order sheet as Resp. is absent .If you absent the case will be decided in your absence and you have to follow Hon.Courts order .
Ajitkumar
Advocate
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Adv. Ajitkumar H Deshpande
Delhi | 25+ Answers
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