Is rejection of plaint a decree?
Is rejection of plaint a decree?
a decision rightly or wrongly given was an order of rejection of a plaint and an order of rejection of a plaint is a decree as defined in Section. 2 of the Code. If the plaintiff felt aggrieved by this order his remedy lay either by an application under O 47, R (1) or by filing an appeal against it.
What happens after ex parte?
What Happens After the Judge Reviews the Ex Parte Motion? The judge can grant the ex parte motion and issue a temporary order, such as a temporary full custody order or a temporary restraining order. Because the other party was not present, the order is only temporary.
What is the difference between an ex parte and a restraining order?
An ex parte order of protection is a temporary measure that can be filed quickly. A full protection order, or restraining order, is granted after a court hearing and lasts for a longer period of time than the ex parte order.
What does ex parte mean in a motion?
temporary restraining order
How do you serve an ex parte notice?
An ex parte application for an order must be accompanied by an affidavit or a declaration showing: (1) that the applicant informed the opposing party when and where the application would be made no later than 10:00 a.m. on the court day before the application was made and the notice given, including the date, time.
Can ex parte order overturned?
It shall be pertinent to note that even after passing of ex parte decree, the defendant can file an application under Order 9 Rule 13 C.P.C. to set aside the ex parte decree besides having a right to file an appeal against the ex parte decree without even seeking an order setting aside the ex parte decree.
What is a counter motion?
Noun. countermotion (plural countermotions) A physical movement that counterbalances another movement. A legal motion filed in opposition to a previous motion.
Do judges read letters sent to them?
The judge will not read your letter and will send it to the opposing party/attorney. Such a letter is known as an ex parte communication.
Can the judge smile in court?
However, the vast majority of cases are capable of resolution prior to sustaining the considerable expense of preparing for and going to trial. With the assistance of counsel trained in negotiation techniques, it is possible to put a smile on a judge’s face.
