What is the remedy against ex parte order?

What is the remedy against ex parte order?

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 …

What does released ex parte mean?

An ex parte order is one that is made without the other party being made aware of it. They often provide instant relief, albeit on a temporary basis. They are issued when immediate relief is needed and when scheduling a regular hearing and providing notice to the other party is not feasible.

What should the affected party do for setting aside an ex parte order?

Order 9 Rule 13 states that while setting aside ex-parte decree, the defendant may apply to the Court by which the decree was passed for an order to set it aside and if the Court is satisfied that the summons were not duly served, or that he was prevented by any sufficient means from appearing when the suit was called …

How do you use vacate in a sentence?

Examples of vacate in a Sentence She refused to vacate her post even under increased pressure. The election will fill the congressional seat vacated by the retiring senator. The police told everyone to vacate the premises. Students must vacate their rooms at the end of the semester.

How can the President vacate his office?

The President holds office for a term of five years from the date on which he enters the office. He can resign from his office at any time by addressing the resignation letter to the Vice President.

What does ex parte means in court?

Ex parte hails from the latin language which means ‘by or for one party’ or ‘by one side’. An ex parte decree is a decree which is passed in the non-appearance of the opposition. However in certain circumstances a court can pass an ex parte decree.

On what grounds can the President of India be removed?

Impeachment in India The President may be removed before his tenure through impeachment for violating the Constitution of India by the Parliament of India. The process may begin in either of the two houses of the Parliament.