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If respondent fails to file affidavit on returnable matter hearing da


17-Sep-2025 (In Civil Law)
If respondent fails to file affidavit last opportunity on returnable matter hearing date. Can the petitioner get the relief as ex party order from court or otherwise what to do by the petitioner.
Answers (1)

Answer #1
640 votes
Hi dear, If the respondent If the respondent fails to file the affidavit/reply despite the last opportunity, and especially if they also fail to appear on the returnable date, the petitioner can request the court to proceed ex parte. The steps petitioner should take:- Appear on the hearing date without fail. Record the non-filing of the affidavit by the respondent in your appearance memo or oral submission. Request closure of respondent’s right to file affidavit. Seek ex parte hearing or ask that the matter be decided based on your pleadings and documents. If required, file a short written submission or affidavit of non-receipt of reply by respondent. If the court grants time again to respondent, insist on strict final deadline and/or cost imposition.
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