Following are my questions; 1- what does exparte order mean 2- what are the implications of an exparte order given by a court 3-if the plaintiff is the govt office and an exparte order is issued what are the implications. 4- if an exparte order is given for a property ,can the defendant sell the land with the court order. 5- once land is sold can the order be revoked by the govt office and case reopened? 6- if order can be revoked what is the time frame ?
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ex parte means a legal proceeding brought by one person in the absence of and without representation or notification of other parties.
2)it is binding on the parties
3) aggrieved party ought to take out application to set aside exparte order
4)property can be sold based on court order
5) application ought to be made at the earliest to set aside exparte order within period of 30 days . delay in filing application can be condoned in interest of justice
1. Ex parte matters are usually temporary orders (like a restraining order or temporary custody) pending a formal hearing or an emergency request for a continuance. Most jurisdictions require at least a diligent attempt to contact the other party's lawyer of the time and place of any ex parte hearing.
2. If a defendant does not respond to a complaint at all, either by filing an answer, a motion to dismiss, or a similar response, the plaintiff may ask the court to enter a default judgment against the defendant. A default judgment is an automatic loss for the defendant.
3. An exparte order given against the respondent will be an order against him for restraint
4. If an interim injunction given in an exparte order then the defendant cannot sell the property in litigation.
5. If it is sold during the subsistence of the exparte order then it can be considered as contempt of court and action may be taken against the defaulter.
6. Within one month.
1. It means the court has passed the order without hearing the opposite party because of his absence in contesting the suit.
2. It can be applied to be set aside by filing application in the same court or it can be impugned by preferring an appeal.
3. There is no separate implication of ex parte order against the govt official.
4. Yes though the order passed ex parte can be challenged later on.
5.It depends on situation.
6. 30 days but beyond that also application can be filed explaining the delay.
Dear Sir,
My answers are as follows:
1. what does exparte order mean
Ans: If defendant/respondent absent before the Court then the Court will pass a judgment on merits naturally in favour of plaintiff/petitioner.
2. what are the implications of an exparte order given by a court
Ans: Until it is stayed or quashed, ex-parte order has full force as that of regular order.
3. if the plaintiff is the govt office and an exparte order is issued what are the implications.
Ans: It seems you have used the word plaintiff instead of defendant.
4. if an exparte order is given for a property ,can the defendant sell the land with the court order.
Ans: Nature of the ex-parte order is to be looked into if such order is not to alienate the property then the defendant cannot sell the property legally.
5. once land is sold can the order be revoked by the govt office and case reopened?
Ans: Without giving the history of the case I am unable to answer your question.
6. if order can be revoked what is the time frame ?
Ans: Without giving the history of the case I am unable to answer your question.
1. Ex-parte order means order of the court passed in absence either of the parties.
2. Drastic implications if one has not contested the case definitely he will suffer if a party to a suit.
3. There is no immunity for the Govt. Office , the order will be implemented.
4. He should take immediate steps before other party appeal.
5. Yes , but when the property has changed its owner then the parties has to be changed for the purpose , otherwise now they have to file the fresh case as the property has changed its title.
6. The time taken to file an appeal, as the case may be as per Limitation Act.
An ex parte decision is one decided by a judge without requiring all of the parties to the controversy to be present.
Under the provisions of Order 9 Rule 13 of the CPC, where a decree is passed ex parte against a defendant, he may apply to the Court by which the decree was passed for an order to set it aside.
1. Exparte order mean without the presence of opponent.
2. Order can be enforced against opponent if not challenged or set aside.
3.The prayers are granted and as prayed the plaintiff get relief.
4. If stay is there the he cannot sale. If court allow sale then it can be sold.
5. The higher court can revoke the order.
6. Sir depends upon the matter.
When party do not appear in court, caourt passes order in absence of party.
If order not set aside in limitation period, will be final.
Whoever he is, court orders binding on every one.
Ex parte passes against defendant not plaintiff.
No,
30 days.
Exparte order is order given when one side is not present in the entire proceedings to contest the case. The order is relevant and applicable. It is applicable to that office who is the competent authority of the said office needs to abide the orders. It depends under which law the said land comes and it's it's specific limitation.
1 expert order is a decree given to the other party against you
2 ex Parte is a decision of the court and can be implemented accordingly as per the order of the court
3. It depends on what kind of father it is he can be suspended from the job and the basis of the order
4. the defendant first take the position of the property in case there is no appeal against the ex Parte order after taking position and Transfer of Property in the name of defendant the property can be sold out.
5. If you have lost the time allowed for the appeal against the order then it is really difficult to get the sale deed cancelled and there is another process involved in this cancellation of sale deed in a nutshell you can understand that it is really different.
6.Within the period of 90 days nelli in case of export orders you have to appeal in the High Court are go for review in the same code as you are not been hurd before passing the order.
It depends on the code that incase it provides an execution of ex Parte order
1. Ex parte means to pass an order without the presence of the other party.
2. Ex parte order can be set aside by the court on sufficient cause being shown.
3. An order/decree passed ex parte has same force as one which is passed after a full fledged contested trial.
4. The limitation period to file an application to set aside an ex parte decree is 30 days.
Dear Sir,
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. The legal validity, enforceability and operation of such decree is similar to any bi-parte decree.
The Right to be heard in a suit is one of the tenets of principles of natural justice and our Civil procedure duly provides for such right to the party. Despite the sufficient opportunity provided if the party does not avail this to explain himself, in court hears the suit ex parte. In order for the justice system to be efficient and to not prejudice the rights of the plaintiff this is justified.
However, owing to unavoidable reasons the party might not appear for the hearing. In such cases the Code is sensitive those genuine cases. On careful reading of Order IX Rule 13 it is obvious that the applicant for setting aside the ex parte decree should satisfy the Court that there was sufficient cause for its non- appearance on the date of hearing. As noted earlier an application under this rule cannot be entertained on moral or humanitarian grounds however; the Courts cannot be deaf toward the realities of life.
