aside an exparte order. Section 22A provides that where an
order is passed by the National Commission exparte against the
opposite party or a complainant ... order, which appears to be the position,
the order of the State Commission setting
WP(C)37468/04 8
aside the ex parte order cannot
listed.
4. Respondents-Defendants filed application to set aside the exparte order in Diary No.31908 of 2011. Common written statement and application to condone ... order of the Master dated 02.12.2011 had become final and the said order cannot be circumvented by filing fresh application for setting aside the exparte
Learned Judicial Magistrate, Valliyoor,
Tirunelveli District, while passing the impugned exparte order in D.V.O.P.No.29
of 2012 dated 21.09.2012 should ... relating
to the application and orders for reliefs and offence of breach of protection
order or interim protections orders shall be governed by the provisions
appeal from the order and the operation of the order has been stayed. In the meanwhile pursuant to another order of the High Court ... easy granting of exparte injunction and may inspire confidence and disarm objection. An secondly, since an appeal lies against such exparte order of injunction, such
been set up for exparte hearing then in that situation Labour
Court has got power to set aside exparte order by exercising power conferred
under ... settled that there is difference in between exparte proceeding
and exparte hearing. Exparte proceeding is where no notice has been issued
12
upon the party
notice, the learned Rent Controller, by order dated 19.07.2013, ordered for delivery and batta was ordered to be paid on 30.07.2013. Thereafter, at the instance ... ground that the eviction was ordered pursuant to an order passed by contest and not an exparte order. As against the same, the Revision Petition
petition was ordered exparte on 08.11.2012. Subsequently, an application was filed on 19.04.2013 by the petitioners to set aside the exparte order dated 08.11.2012 under ... order dated 08.11.2012 under Order 21 Rule 106 CPC on 19.04.2013, makes it clear that the 1st petitioner was fully aware of the exparte decree
statement and hence the suit was set exparte. Due to non filing of written statement, the exparte order was passed on 02.04.2009 against the petitioner ... admitted fact that the petitioner / 3rd defendant was set exparte and the exparte order was passed on 02.04.2009, but for setting aside the exparte order
However, the original decree holder who remained exparte has filed an application to set aside the exparte order passed against ... also dismissed. The other two applications to set aside the exparte order and to stay the proceedings were dismissed as infructuous.
5. Aggrieved against
delay of 721 days in filing petition to
set aside exparte order dated 24.04.200 (subject matter ... Order XXI does not
arise.
Order XXI Rule 105 of C.P.C . enables the Court to set the
decree holder exparte, dismiss the petition
