Writ Petition -respondent is not appearing what can be done
2 years ago
If in a writ petition, a respondent is not responding to the notice of the court for 7 months, what should be done next so that the petitioner can get proper justice soon?
An 'Ex parte decree' is a decree passed against a defendant in absentia. Despite service of summons, where on the date of hearing only plaintiff does and a defendant does not appear the Court may hear the suit ex parte and pass a decree against the defendant. You may file a suit before the court praying the execution of the same.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
If the respondent is willfully avoiding the court's notice then it shall be a case of contempt as well. You can file an additional suit for passing an ex-parte decree as well.
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Vaidehi Samant
Responded 2 years ago
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Ankita Jaiswal
Responded 2 years ago
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.It is necessary on your part to file Affidavit of Service before the Hon'ble High Court regarding the completion of service upon that Respondent seven months ago and to take the plea for Ex-parte hearing of the matter.
If the matter is not appearing in the list of that Hon'ble Court, then your Lawyer is required to mention the matter for early enlistment of the same serving notice upon the Respondent. Nowadays the Hon'ble High Courts usually follow E-mentioning.
Please take note that in your State, if the judiciary is not functioning in normal mode due to Covid Pandemic situation,then there is likelihood to have Resolution regarding "No adverse Order" during certain period of time and during that time period the Hon'ble Court cannot pass any Order in absence of the Respondent.
Sidhaarth
Responded 2 years ago
Cwjc 1162/2023 service matter not listed
Agreement
cast certificate invalidate
I did not get salary of January month
No proper opportunity of hearing
