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Scanned Judgements…!
Procedure to Set Aside Ex parte Orders - The process generally involves filing an application under Order IX Rule 13 CPC or similar provisions, demonstrating sufficient cause or a valid reason for non-appearance. The court then examines whether proper procedural steps, such as service of notice and opportunity to be heard, were followed before declaring a party ex parte. If procedural lapses are found, the ex parte order can be set aside. ["2024 Supreme(Online)(KAR) 30739"], ["SHRI.SANJAY BALASAHEB BHOSALE, vs SHRI.SADASHIV SAKHARAM POL, - Karnataka"], ["2024 0 Supreme(Ker) 1013"], ["2022 Supreme(Online)(Kar) 50945"], ["2025 Supreme(Online)(Ker) 45898"]
Notice and Service - Proper service of notice or summons is crucial before placing a party ex parte. Courts emphasize compliance with statutory procedures, including issuing further notices if the party remains absent without admitting liability. Mere absence without proper notice does not justify ex parte proceedings. ["SHRI.SANJAY BALASAHEB BHOSALE, vs SHRI.SADASHIV SAKHARAM POL, - Karnataka"], ["2024 0 Supreme(Ker) 1013"]
Grounds for Setting Aside - The primary grounds include showing a valid reason or sufficient cause for non-appearance, procedural irregularities, or failure to follow statutory rules. Courts require substantial reasons and proof of efforts made to participate in proceedings before setting aside ex parte orders. ["2024 Supreme(Online)(KAR) 30739"], ["2022 Supreme(Online)(Kar) 50945"], ["2025 Supreme(Online)(Ker) 45898"]
Appellate Remedies - Regular appeals under Section 96(2) CPC or Order 41 are maintainable against ex parte decrees, but the procedure for challenging ex parte orders under Order IX Rule 7 CPC is different and does not provide a direct appeal. The appellate courts scrutinize whether procedural requirements were met before confirming or setting aside ex parte orders. ["2025 Supreme(Online)(Ker) 45898"], ["2024 0 Supreme(Mad) 2240"], ["2023 0 Supreme(Mad) 2396"]
Summary of Procedure - To set aside an ex parte order, the party must file an application demonstrating valid cause, procedural compliance, and efforts to participate. The court reviews these submissions to ensure procedural fairness, and if irregularities are identified, the ex parte order can be vacated. Proper notice, opportunity to be heard, and adherence to statutory rules are essential. ["2024 Supreme(Online)(KAR) 30739"], ["SHRI.SANJAY BALASAHEB BHOSALE, vs SHRI.SADASHIV SAKHARAM POL, - Karnataka"]
Analysis and Conclusion:The procedure to set aside an ex parte order involves filing a well-supported application under relevant rules (Order IX Rule 13 CPC or similar), establishing valid reasons and procedural lapses. Courts require strict adherence to statutory procedures, especially regarding service and notice, before declaring a party ex parte. Appeals against ex parte decrees are permissible under Section 96(2) CPC, but challenging the ex parte order itself depends on procedural compliance. Ensuring proper notice and opportunity to be heard is fundamental to prevent wrongful ex parte proceedings.
Missing a court hearing can have serious consequences, especially in a criminal appeal where stakes are high. If the appellant is not appearing in a criminal appeal, the court may proceed , potentially dismissing the appeal or passing adverse orders. But all is not lost—there are established procedures to challenge and potentially set aside such orders. This post explores what can be done if the appellant is not appearing in a criminal appeal, drawing from civil and criminal procedure codes, with practical steps and case insights.
Understanding the gravity: might lead to the appeal being , but remedies exist if you can show . We'll cover procedures primarily under the for regular appeals (analogous in principles) and references, integrating key judicial precedents.
An order is passed when one party fails to appear, allowing the court to proceed without their input. In appeals, this often results in dismissal or confirmation of the lower court's decision. The question arises: What can be done if the appellant is not appearing in a criminal appeal?
In civil contexts, provides a clear path to set aside decrees. Though primarily civil, its principles of influence criminal proceedings. Courts emphasize fairness, ensuring no party suffers due to procedural lapses.
Setting aside an order typically follows , allowing the aggrieved party to apply if summons weren't duly served or they were prevented by from appearing. 2020 0 Supreme(Kar) 1534
Criminal appeals differ but share remedial principles. Under , procedures exist for orders in proceedings like maintenance, covering evidence recording, setting aside, and costs. 2018 0 Supreme(Kar) 892
In one case, the court noted: Section 126 of Cr.P.C. deals with the procedure for recording evidence, to pass an exparte order, to set aside the exparte order and order with regard to costs. 2018 0 Supreme(Kar) 892
For broader appeals, allows dismissal for non-prosecution, but restoration is possible via () or review if is shown. Courts have set aside proceedings where counsel pleads '' without fresh notice: interest of justice required that a fresh notice with actual date of appearance should have been sent to parties because party was not at fault and should not be made to suffer for lapse on part of counsel. 2022 0 Supreme(Chh) 487
In boundary disputes, appellate courts shouldn't re-appreciate evidence without written statements in scenarios. 2022 0 Supreme(Mad) 1616
Recommendations:- Document everything: Service proofs, cause affidavits.- Act promptly to avoid limitation bars.- Seek legal counsel early.
If the appellant is not appearing in a criminal appeal, prompt action via applications under relevant provisions like (civil appeals) or CrPC equivalents can set aside orders. Demonstrate , leverage judicial discretion, and ensure hearings. Cases affirm liberal approaches for justice. 2020 0 Supreme(Kar) 1534 2021 0 Supreme(Kar) 983
Key Takeaways:- File applications with strong evidence.- Courts favor restoration on merits.- Timeliness and documentation crucial.
This is general information based on legal precedents and not specific advice. Consult a qualified lawyer for your case.
References: 2022 0 Supreme(Kar) 622 2022 0 Supreme(Kar) 1445 2020 0 Supreme(Kar) 1534 1985 0 Supreme(SC) 397 1982 0 Supreme(SC) 148 2021 0 Supreme(Kar) 983 2018 0 Supreme(Kar) 892 2022 0 Supreme(Chh) 487 2023 0 Supreme(P&H) 474
#CriminalAppeal
Therefore, this appeal is allowed and the impugned order passed by the first appellate court in R.A. No. 7/2017 and the judgment of the trial court in O.S. No. 76/2015 are set aside. ... If the aforesaid procedure was not complied with by the trial court, the order placing the defendant exparte was improper and therefore no notice or knowledge of the p....
order placing the defendant exparte and consequently to set aside the judgment and decree passed against the original defendant by placing him exparte. ... The present appeal is filed to set aside the dismissal order passed by the Civil Court in the petition filed by the original plaintiff wher....
Learned counsel for the petitioner-defendant further argues that there has to be substantial reason for setting aside the exparte order and only after showing sufficient cause, an exparte order could have been set aside by the trial Court. ... petitioner/defendant has been set aside. ... One of the defendant was proceeded ex....
He thus prayed that the order (shown as judgment) of the learned Family Court dated 13.12.2023, be set aside; and consequently, that the judgment and decree in O.P.No.337/2023, dated 19.12.2023, be also quashed. 7. ... The said order merely records that the respondent (petitioner herein) was absent,and hence that he is set ex parte, since he did not appear for mediation. 21. ... He conte....
THIS APPEAL IS FILED UNDER ORDER LXIII (U) OF THE exparte could not have availed remedy of appeal under Section setting aside of exparte
The said exparte proceedings have been challanged by way of appeal, which was dismissed by the impugned order dated 31.3.2018. ... On this premises, the Apex Court allowed the appeal and set-aside the order of a Division Bench of the High Court of Bombay, whereby, the dismissal of the application for setting aside the ex parte decree by the trial Court....
Respondent (By Sri B.C.Jaka, Advocate) 2 This Miscellaneous First Appeal is filed under section 28(1) of Hindu Marriage Act, 1955 praying to set aside the impugned judgment ... The procedure followed by the trial court to place the appellant - wife exparte is not proper and the same is erroneous. ... However, he submits that assuming that the appellant remained #HL_START....
Going by the statutory wordings and the precedents, there is no iota of doubt that a regular appeal filed under Section 96 (2) read with Order 41 of CPC is maintainable, challenging an exparte decree. ... But the points of consideration in an application under Order 9 Rule 13 and an appeal thereof under Order 43 Rule 1(d) are totally different from a regular#H....
But, in the Order 43 of CPC, there is no provision for appeal, to set aside the exparte order under Order IX Rule 7 CPC. ... Admittedly, the petitioners were set exparte on 11.08.2023 and to set aside the exparte order, they filed a petition under Order#....
Theinstant application to set-aside the exparte order in EP.NO.181 of 2020 isonly to delay the delivery of possession to the respondent and hence, prayedfor dismissal of the appeal. 6. ... The appellants thereafter filed E.A.No.1 of 2022praying for setting aside the said exparte Order. ... (c) In E.A.No.1 of 2022, the f....
However, where a regular appeal is filed under Section 96(2) of C.P.C., the powers of the First Appellate Court are much wider. If the defendant chooses to file an application under Order 9 Rule 13 C.P.C, the trial Court can only consider the reason for the non-appearance of the defendant on the said date and whether it was legally acceptable for setting the defendant as exparte on the said date. Whenever an exparte decree is passed, the defendant has got two options, he can either f....
25. Section 126 of Cr.P.C. deals with the procedure for recording evidence, to pass an exparte order, to set aside the exparte order and order with regard to costs. Section 127 of Cr.P.C. deals with the power of the Magistrate to alter the allowance granted. Section 128 of Cr.P.C. speaks of granting free copy of the order to the petitioner and enforcement of the same in any place where the respondent resides.
The very competent senior counsel further contended that the case in C.C.No.4628 of 2009, had not been disposed on merits since the respondent had not been heard and exparte decree has been passed. Hence, the learned senior counsel entreats the Court to allow the above revision and set-aside the orders of the Courts below. The exparte order can be set aside at any stage and if the exparte order is set-aside, neither the petitioner nor the respondent will be prejudiced.
Consequently, the complaint filed by the complainant is dismissed. Accordingly, the appeal is accepted and the order under appeal is set-aside.
Consequently, the complaint filed by the complainant is dismissed. Accordingly, the appeal is accepted and the order under appeal is set-aside.
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