How can I cancel ex-parte orders in a DV case?
2 years ago
In a DV act case, judge write the wrong order and said as evidences filed and judgment on the basis of these filed evidences but while I asked for about the said filed evidences by RTI. PIO said nothing is filed. I appealed in session and than after in HC but case dismissed due to deny appeal. Is there any other option my all revisions dismissed ?
As per DV sec 23(2).
If the Magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or, as the case may be, section 22 against the respondent.
Can ex parte set aside appeal filed on the ground of no police complaint filed and no protection officer involved and no DIR filed in any case ?
What was the prime facie evidences which satisfy magistrate as everything is missing?
Can such kind of ex parte order challenged in upper courts after 3 years of judgement.?
Experts and researchers Please suggest.
Thanks
Vaidehi Samant
Responded 2 years ago
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Right to file an appeal under Section 96(2) CPC is a statutory
remedy. The right to appeal is not a mere matter of procedure; but is a substantive right. Right to appeal under Section 96(2) CPC challenging the original decree passed ex-parte, being a statutory
right, the defendant cannot be deprived of the statutory right merely
on the ground that the application filed under Order IX Rule 13 CPC
was earlier dismissed.
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Thanks
When an ex-parte decree is passed, the defendant has two
remedies – (a) Either to file an application under Order IX Rule 13
CPC to set aside the ex-parte decree by satisfying the court that the
summons was not served or if served, the defendant was prevented
by “sufficient cause” from appearing in the court when the suit was
called for hearing; (b) to file a regular appeal from the original
decree to the first appellate court in terms of Section 96(2) CPC and
challenge the ex-parte decree on merits.
Thanks
Please rate if you find this advice helpful.
Domestic voilence
Family issuw
crpc 125 filed by my sisters mother in law on her own son (my sisters husband)
Please suggest on the steps and process to follow
husband torture to wife
