mail dated
28.10.2022 from Khaitan and Co., no application for setting aside
Ex-parte proceedings has been received.
5. Now power of Attorney has been ... set aside orders passed
by him proceeding against a party ex parte. Inasmuch as the
petitioner had been proceeded ex parte, it was observed that
application for setting aside ex-parte proceedings and by order dated 2-
7-2024, the ex-parte proceedings were set aside subject to payment
told off the gates of the appellate proceedings or
proceedings for setting aside such ex parte decree, the
spouse concerned would suffer serious legal damage ... proceeded further or the curtain must be
dropped on the said proceedings. As the ex parte
decree is found to be rightly set aside
dated 16.09.1998, however, on the same date,
an application for setting aside ex-parte proceedings was moved by the
defendants, which on being considered ... appeared and
sought adjournment to move application for setting aside ex-parte
proceedings as well as objections to the application for bringing on
record
told off the gates of the appellate proceedings or proceedings for setting
aside such ex parte decree, the concerned spouse would suffer serious legal damage ... proceeded further or the
curtain must be dropped on the said proceedings. As the ex parte decree is found to be
rightly set aside
necessary to file the application
to set aside the order to proceed ex parte, immediately on the
next date of adjournment. The legal position ... set exparte. But, if the order to proceed ex-
parte passed under Order 9 Rule 7 stands, because ei-
ther any application to set aside
aside the Court is required to make an order to set it aside.
Contrast this with Rule 7 which does not require the setting aside ... recourse to an application under O. IX, r. 13 to
set aside the ex parte decree. The entirety of the evidence of the plaintiff
might
aside the Court is required to make an order to set it aside.
Contrast this with Rule 7 which does not require the setting aside ... recourse to an application under O. IX, r. 13 to
set aside the ex parte decree. The entirety of the evidence of the plaintiff
might
Khursheed Ali vs The State Of Madhya Pradesh on 17 October, 2024
Author: Gurpal Singh
thus, proceeded ex-parte vide order dated
26.05.2023 by the Court below; resultantly, the proceedings in the suit were
fixed for ex-parte evidence ... Rule 7 read with Section 151
CPC, seeking setting aside of ex-parte proceedings, which came to be partly
dismissed by the Court below vide
