Monday, 31 October 2011

Ex-parte judgment

Ex-parte judgment is a judgment which is so passed due to the following reasons

*Urgency of the matter is such that if it is not passed, it will cause an irrepairable damage to the party seeking relief
*The other party has refused to respond despite all the efforts by the court and the party seeking relief from the court.

Is it open to challenge?

Yes! Ex-parte judgments, decrees are easily challangebale in the court of law provided

*The party can ask for reversal of the ex-parte order but they will have to prove that the party in whose favour the order had been passed was not entitled for that relief. The contentions of the party are false and an opportunity must be given to the affected party to contest the ex-parte order.

*The party against whom the order is passed, is able to prove that despite their due diligence, they did not get the notice of the case and they must be given an opportunity to contest the case.

Section 14 of the Limitation act basically provides that if a person is fighting a case of property etc in a wrong court which can not entertain that case, then the period of limitation shall exclude that particular period.

Example : If a person X has to recover his money lended to another person Y and the limitation period is 3 yrs in that case. Now if X files a case within 3 years but in a wrong court which can not entertain his case. Now when X realises his mistake, the period of 3 years is already over.. Still X shall have a remedy. The limitation will be counted but the period when he fought the case in wrong court shall be excluded from the total period. So X will get the benefit of section 14 of limitation act.

Rights of a co owner
The co owner of the property has his share of rights in a property and if he is denied his share, he can file a petition and it would be open to the court to give him equal relief which he was entitled to just as the other co owner.

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