P&H: Party Proceeded Ex Parte Cannot Lead Evidence Without First Getting Ex Parte Order Set Aside
The Punjab and Haryana High Court has ruled that a party proceeded ex parte cannot seek to lead evidence unless the ex parte order is first set aside. Dismissing a civil revision and upheld the trial court’s refusal to permit evidence at the instance of the ex parte defendant.
The case arose from an order rejecting the defendant’s application under Order XVIII Rule 2 CPC to lead evidence. The defendant had earlier been proceeded ex parte.
Counsel for the petitioner argued that the trial court wrongly dismissed the application under Order XVIII Rule 2. The record showed, however, that the...
