Legal Question in Civil Rights Law in India

Re: exparte decree

No.it depends upon merit of the case.

Re: exparte decree

Message ID: 463629761

No, Court can not exercise Discretionary poawer while deciding ex-parte decree. In the case of ex-parte order, generally suit/petition is decided on the prayer of the plaintaiff provided the prayer is legal. It is also clarified that in the ex-parte order, the plaintiff has to prove his claim by adducing evidence.

Re: exparte decree

In a suit, where summons is served on defendant, and defendant does not appear, then court can decide the suit ex-parte. In such a case, if the court insist, then plaintiff has lead his evidence, and prove his case by leading his evidence. Thereafter the court is not obliged to always pass ex-parte decree in favor of plaintiff, but if the feels that partuclar fact is not provied by plaintiff, and that the planitiff is not entitled to a partiuclar relief, then court will not grant such relief.

Discretion is always lies with the court, whether to call plaintiff to prove his case, or to pass ex-parte decree wihout proof of evidence.

What is sated above, is just what the law stands. You have not stated in your question, what kind of discretion the courts can exercise.

So further informaiton, you need to narrate the facts of your case.

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