Wednesday, December 08, 2021

Noting down wrong adjournment date leads to ex-parte orders

The court dismissed the petition challenging the ex-parte orders.

By: Express News Service | Chandigarh |
June 18, 2016 6:32:11 am
adjournment date, court, ex parte, naveen gupta, regional news, Chandigarh news The court dismissed the petition challenging the ex-parte orders.

Noting down wrong adjournment date has cost a litigant dear as the court passed ex-parte orders in the case owing to the fact that the case had been pending for the last seven years.

However, the court dismissed the petition challenging the ex-parte orders.

The petitioner, Vivek Aditya, had challenged the ex-parte orders pronounced on February 24, 2014, stating that he had been fighting the case in person without counsel. He said in the petition that he was trying to get witnesses in the present case. However, on February 5, 2014, the defendant was coming from Gurgaon in heavy fog and there was a minor accident due to which he had to go back.

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He added that his representative Naveen Gupta informed the court that Vivek won’t be able to depose before the court. Naveen was told that the adjournment date had not be given as the court was waiting for the other counsel to depose.

Naveen noted down the date as March 13, 2014, instead of February 13, 2014 which added to the confusion.

Aditya stated that in the order dated February 5, 2014, the court had made the mistake of assuming that Naveen was
the counsel and that defence activity should have been done while the defendant is fighting the case in person, and had no counsel.

In its reply, the Chandigarh Sports Council stated that Vivek was not entitled to take benefit of his own wrong which in this case is quite evident, because he had been taking the court for granted. It was stated in the reply that earlier, too, Aditya was proceeded against ex parte on August 18, 2009, during the evidence of the plaintiff and that order was set aside by the court on February 19, 2010.

The court held that 12 opportunities were granted to Vivek to conclude his evidence, but he was unable to do so.

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