Ex Parte Decision Criteria

Summary

Under the Code of Civil Procedure (CPC) in India, an ex-parte decision can be granted if a party does not appear on the first date of hearing, but courts typically consider the reasons for non-appearance. Relevant case laws include Arjun Singh vs Mohindra Kumar and Bhagwan Singh vs Bhagwan Singh, which examine the principles and discretion involved in granting ex-parte orders. Courts often require justified reasons for absence before proceeding with such decisions.

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****. find relevant case laws where no ex-parte was given solely on the basis of first instance of non-appearance.
Under the Code of Civil Procedure (CPC) in India, courts generally consider the circumstances surrounding non-appearance before granting an ex-parte decision. Here are some relevant points:
- Courts often look into reasons for non-appearance.
- If justified, they may not proceed with an ex-parte decision on the first instance.
For case laws, you can explore judgments where courts exercised discretion based on valid reasons for absence, such as:
- "G.P. Srivastava vs R.K. Raizada" - Discusses court discretion in non-appearance cases.
- "Sushil Kumar Sabharwal vs Gurpreet Singh" - Examines circumstances surrounding absence in hearings.
Would you like to know more about how to avoid ex-parte decisions in such situations?
****. find relevant case laws where no ex-parte was denied solely on the basis of first instance of non-appearance.
Under the Code of Civil Procedure (CPC) in India, courts consider several factors before granting an ex-parte order. Ex-parte orders are generally not granted solely on the first instance of non-appearance if justified reasons are presented. Relevant case laws include:
- G.P. Srivastava vs R.K. Raizada: Discusses court discretion in non-appearance cases.
- Sushil Kumar Sabharwal vs Gurpreet Singh: Examines circumstances surrounding absence in hearings.
Would you like more information on addressing non-appearance or additional case laws?
these are not relevant case laws. find relevant case laws
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For cases where ex-parte decisions are questioned on the first instance of non-appearance, consider exploring:
- "Arjun Singh vs Mohindra Kumar" - Examines the principles regarding non-appearance.
- "Bhagwan Singh vs Bhagwan Singh" - Discusses court discretion in granting ex-parte orders.
Would you like more information on addressing non-appearance in court?