When to request for ex parte order?
2 years ago
Can we request for ex parte order or decree from the court if the respondent is not responding to the notice since 7 months?
A.The court itself will take cognizance of the fact that the respondent is not appearing and move on the pass the order ex parte nonetheless event the plaintiff/petitioner can request the court after a sufficient time has been given to the respondent to appear, to pass the order ex parte.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
If the other is unresponsive towards your legal notices, then you will have to file an ordinary suit first. If the respondent does not respond to the court's summons, then it is an outright contempt; and the court might pass an ex-parte order in your favor.
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If the other is unresponsive towards your legal notices, then you will have to file an ordinary suit first. If the respondent does not respond to the court's summons, then it is an outright contempt; and the court might pass an ex-parte order in your favor.
If you find my answer helpful then kindly rate me.
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A.Hi,
The normal rule is that temporary injunction cannot be granted except after notice of the application for temporary injunction to the opposite party. It is only where the Court finds that the object of granting the injunction would be defeated by the delay, that it can grant it ex parte.
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The normal rule is that temporary injunction cannot be granted except after notice of the application for temporary injunction to the opposite party. It is only where the Court finds that the object of granting the injunction would be defeated by the delay, that it can grant it ex parte.
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Sidhaarth
Responded 2 years ago
A.Yes, you can.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Bilkul aap expartee order ke liye request kar sakte hai. Kyonki defendant not present. Court pass a order for expartee proceedings.
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Vaidehi Samant
Responded 2 years ago
A.If opposite side doesn't appear before the Court even after sending summons to appear before the Court twice or thrice you can request the Court to pass exparte decree but please note same can be appealled in the superior Court. There even other grounds when exparte decree can be requested for depending on the circumstances of each case but you have not stated the matter. Thank you.
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